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JOURNAL

. THE SENATE

OF THE

COMMONWEALTH OF KENTUCKY,

BEGUN AND HELD IN THE TOWN OF FRANKFORT ON MONDAY THE THIRD DAY
OF DECEMBER, IN THE YEAR OF OUR LORD,' 1838 , AND OF
THE COMMONWEALTH THE FORTY SEVENTH.

FRANKFORT, K.

A. O. HODGES, FUBLIC PRINTER,

1838 .

r*»40

UNIVERSITY OF KENTUCKY:

LAW LIBRARY

JOURNAL OF THE SENATE.

At a General Assembly, begun and held for the State ot Kentucky, at
the Capitol, in the town of Frankfort, on Monday the third day of Decem¬
ber, 1838, and in the 47th year of the Commonwealth, it being the day ap¬
pointed by law for the meeting of the General Assembly —Charles A.
Wickuffe, the Lieutenant Governor, took the Chair as Speaker of the
Senate, and the following members of the Senate appeared and took their
seats, to-wit:

From the first Senatorial District, Thomas James; from the second, James
C. Weller; from the third, Samuel B. Jesup; from the fourth, James V.
Walker; from the fifth, Archibald Dixon; from the sixth, Richard S. Ford;
from the seventh, James Murrell; from the eighth, William T. Willis; from
the ninth, John S. Barlow; from the tenth, William Bradshaw; from the
eleventh, Achilles Jasper; from the twelfth, Anselm Watkins; from the
thirteenth, James G. Pitts; from the fifteenth, James Guthrie; from the
seventeenth, George W. Johnston; from the eighteenth, Stanley Young; from
the nineteenth, James Schooling; from the twentieth, John A. Tomlinson;
from the twenty first, Isaac Burnett; from the twenty second, Michael
Davidson; from the twenty third, Charles J. Walker; from the twenty
fourth, Franklin Ballinger; from the twenty fifth, John Wallace; from the
twenty sixth, William De Courcy; from the twenty seventh, John S. Mor¬
gan; from the twenty eighth, Cyrus Wingate; from the twenty ninth, John
Pratt; from the thirtieth, Mark E. Huston; from the thirty second, William
Clarke; from the thirty fourth, James M. Rice; from the thirty sixth, Adam
Beatty; and from the thirty eighth, Samuel Hanson.

The said James Y. Walker, James G. Pitts, George W. Johnston, Isaac
Burnett, Charles J. Walker, John Wallace, John S. Morgan, John Pratt,
William Clarke, and James M. Rice, severally produced certificates of elec¬
tion, and took the several oaths required by the Constitution of the United
States, and the Constitution and laws of this State.

James Stonestreet was elected Clerk of the Senate during the present
session, whereupon he took the several oaths required by the Constitution
of the United States, and the Constitution and laws of this State.

!■

l ! /

JOURNAL OF THE SENATE. [ D * c - 3 -

Mr. Wingate nominated Lit kbeny Bate! he f 1 Davidson no mi-

at-Arms of the Senate during the present session, and
nated Thomas Buford. Upon taking the vote it stood thus.

Thee who voted for Mr. Batchelor were-

Messrs. Barlow,
Burnett,
Dixon,
Ford,
Guthrie,
Hanson,
Huston,

James,

Jesup,

Johnston,

Murrell,

Pitts,

Pratt,

Rice,

Schooling,

Walker,

Wallace,

Watkins,

Weller,

Willis,

Wingate—21.

Those who voted for Mr. Buford wei c

nioso Tomlinson,

Messrs. Ballinger, P*™! ’ Walker—7.

Bradshaw, Jaspei,

Lit,,."* 1 Ba.cheioV having

£££^5^^ and *• Cons,i,u,io " and laws of ,hls

“ d kws of ,,,is Slate '

part ol the senate xo w<u , t receive anv communication

Assembly have convened, an are now directed to inform the

he may think proper to make; and Mr. Guthrie was

House of Representatives thereof^ ^ ^ Representatives announcing
S ILmbl, have convened, and are now ready to receive any common,-

cation he may think proper to make. , •

The committee on the part of the Senate retired, and after a short tim
returned, when Mr. Guthrie reported that the joint comnu P

IImhIbsmb

Dec. 4.] JOURNAL OF THE SENATE. 5

[formed the duty assigned them, and were informed by the Governor that
he would make a communication in writing to each House to-morrow at

I leven o’clock, A. M.

On the motion of Mr. Wingate,

Ordered, That the Public Printer print 150 copies of the Rules of the
lenate for the use of the General Assembly.

And then the Senate adjourned.

TUESDAY, DECEMBER 4, 1S38.

' The Clerk, with the concurrence of the Senate, appointed Theodore
Kohlhass assistant Clerk of the Senate; whereupon he took the several oaths
required by the Constitution of the United States, and the Constitution and
laws of this State.

; 7 - Mr. Willis presented the petition of Aaron Harding, administrator of the
estate of David Campbell, deceased, praying for the passage of a law to au¬
thorize the sale of real estate to pay the decedant’s debts—which was re¬
ceived and laid on the table.

$ A message, in writing, was received from the Governor by Mr. Bullock,
Secretary of State, which was read as follows, viz:

' Gentlemen of the Senate

and House of Representatives:

, When you last assembled the financial condition of the country was much
deranged—the banking institutions not only in Kentucky, but throughout
the Union, had suspended specie payments—the whole community w'as
threatened with one general pecuniary distress, and an unprecedented em¬
barrassment in the commercial relations of the nation was reasonably ap¬
prehended in the prostration of confidence and the too sudden curtailment
of the circulating medium of the country. These anticipated calamities
have been fortunately arrested by the w'ise and prudent course of legislation,
pursued at the last session of your body, in relation to the banking institu¬
tions of the State, which, together with the discreet conduct and judicious
management of the directory of these Banks, contributed greatly to lessen
the disastrous consequences usually attending a derangement of the finan¬
cial affairs of the country. The well-being and ultimate interest of all
banking institutions are intimately connected with and dependent upon the
general prosperity and solvency of the community in which they exist. The
Banks, concious of this, and sensible of their relative position tow'ards the
country in so eventful a period, assumed an elevated and just view of the
duties they owed themselves, and the country that sustained them, and

JOURNAL OF THE SENATE.

[Dec. 4.

, •• n . : t <. liberality ancl correctness. Instead, W t(
adopted a policy charactenze . t j ons and directing their efforts WJ

therefore, of materially ^tnctmg the an f essive and D

to the single purpose ot enlarging a we lbtimed indulgence to wor
rapid collection ol then debts, } i affected by the financial re- toad

that portion of the community most sensi y ^ t a 7^^ has ,

volutions ol the country, an . , | om ru i n and hopeless bankruptcy, a m:

against any serious loss, buffpiotectea and at the P™

™»y <* M effects of .’too sudden *»

dent course on the part pi * h ® f™ crit y 5 of the has been but little bee'

srrXw—■ »“ i * L *—*»" >ter ' st ° f ,he sme ss

protected. remarkable ease and convenience, all the dolh

BanUof 'iientuck/ simuUaneously resumed the payment of specie, without n,e
Hanks ot tvemuc j cur t a ilment of their circulation or adopting meas- two
resorting to an esseul£ cu i in , he ir operations. These institu- reqi

SS i «» 1»W of #? Ll tension of specie pay- jJj
ments possessed the confidence of the community; and their present con- cen
dition* combined with the late ordeal through which they have passed with P^
sich crecht to themselves, has reassured that high degree of confidence, and JJTJ
in public estimation, placed their solvency abov e suspicion. ] ars

Bv reference to the reports of the Banks, which will shortly be laid be

fore you it will be discovered that their indebtedness to the United States

Bank and to the General Government, has been greatly diminished, if not ^ ^
entirely liquidated. In the adjustment of these debts, they have> been aided riye
by the facilities afforded them in the transfer, to this State, of ge Internal Qf
Tmnrovement fund on deposite m the city ot N ew A oik. 1 he Banks, by a
change of creditors, have been enabled to domesticate these debts, and thus
have § been relieved from all apprehension of any material diminution in the
amoun^f their gold and silvir, by the demands of individual or corpo, tol
aliens beyond the limits of the State, and by which anangement their ^
vaults are as abundantly protected as the most cautious could desire. .

I recognize in the provision made for the appointment ot a standing j rj

mittee on Banks, a fortunate feature in your legislativejo^edmgs. Th
cupidity of men, when associated by corporate enactments, lor the purpose _ ^
of conducting moneyed transactions, imperceptibly increases upon , ! ^

until tire desire for the accumulation of wealth becomes inordinate, and t
are not unfrequently led to resort to expedients for enlarging the profits ot
the institution, unauthorised by its corporate powers, in violation of the - ^
tention of its creation, and incompatible with and hurtful to the general in . ^
terest of the community—hence the importance of the supemsion of thei^
legislature, and of a strict and scrutinizing periodical investigation. In^making ^
these remarks, it is not intended to cast the least opprobrium upon the con- (
duct or management of any one of the Banks, lor so far as I have ee j^ e
abledto form an opinion, none are now obnoxious to the charge oli tn | ^
slightest violation of their charters. But the public weal requires, that a 1 ^
corporate bodies invested with exclusive privileges, should be regarded win :

JOURNAL OF THE SENATE.

[. Dec. 4.]

j watchful care, their inevitable tendency being, always, rather to enlarge
Is than simply to observe the limits of their legitimate powers.

.During the present year much labor has been bestowed upon the various
0 works of internal improvement throughout the State; the different turnpike

0 . roads are rapidly advancing to completion, and the latter part of the season

es has been particularly favourable to the progress of the works upon the rivers;

y ( a minute account of which will be reported by the Board of Internal Im-

1( ! provement. When the present contracts are finished, there will be com-
, n pleted, within the State, seven hundred and fourteen miles of turnpike
n _ roads, and three hundred and eighteen miles .of slack-water navigation.
[ e _ The expenditure of the State' in the construction of these roads, up to
• u _ the tenth of October last, (including two hundred and one thousand nien
nd hundred and three dollars, paid to the Lexington and Ohio railroad,) has
tie been one million six hundred and eighty two thousand six hundred and
!t e sixteen dollars; and the amount required to complete the same is about
eight hundred and seventeen thousand three hundred and eighty four
.he dollars. There has been, up to the same period, expended upon the three
ju t rivers, Green, Kentucky, and Licking, six hundred and sixty seven thousand
as _ two hundred and ninety five dollars and seventy five cents; and the amount
t u . required to complete the works upon these rivers, now under contract, is,
jy. about one million five thousand six hundred and nine dollars and twenty five
on _ cents. The estimated cost of the works already completed, and those at
ith present under contract when completed, is, four millions one hundred and
inc [ seventy two thousand nine hundred and five dollars; of which sum two
millions three hundred and forty nine thousand nine hundred and eleven dol-
b e - larsand seventy five cents have been expended, leaving thesum of one million
ites ei g ]lt hundred and twenty two thousand nine hundred and ninety three
not dollars and twenty five cents necessary to their completion. The total cost
ded to th e State of the improvements upon the roads and upon the Kentucky
•nal Uver, from its junction with the Ohio to the Three Forks, a distance
y a of two hundred and fifty seven and a half miles—upon the Licking,
thus from its mouth to West Liberty, a distance of two hundred and thirty one
the rniles—and upon Green and Ban en rivers, from the mouth of Green river
por- to Bowlinggreen on Barren river, a distance of one hundred and seventy
heir hve miles, is estimated at about seven millions three hundred and thirteen
thousand four hundred and sixteen dollars—a small amount when compared
:om- with the expenditures of other States'upon similar objects.

Th e j»To enter now upon an elaborate argument to prove the importance of a
pose system ol internal improvement, or to attempt a detail of the incalculable
rem,^ ac ! vanta S es that must inevitably result from the improvement of the country,
theyl a ^ tei what has been done in Kentucky, would be supererogatory in the ex-
its of| treme: Us advantages and its policy are not now mooted questions. The
e in- s y s J- em is alieady adopted. The wisdom of previous legislatures, who, in
al in- ^eii laudable zeal to advance the interest of the Commonwealth, stept for-
f the. and contended .with and overcome the opposition that uniformely pre-
ikjngl ® ei T s itself in the incipiency of all great enterprises, has left you oniy the
con- dat y of expanding and prosecuting to completion, a policy so well calculated
n en- enrich the State. It is well that the system has been commenced; had
f the Kentucky slumbered to the present time, listless and indifferent to this great
at all| wor ' { > ®h e would ere long be forced to its adoption by the irresistible infl u,
witl ence oJ surrounding circumstances—by the energy that characterizes the

a^e and by the example of other States that are, under the influence ot
the system fso rapidly Advancing in wealth, in numerical and political im¬
portance Kentucky cannot stand still; she must sustain heisell in hei com
£cT a „d poliuod’rolaUoa^ml in Mr socialm«e““
renublics not only by adopting, but by carrying out similar measures,
otherwise she becomes tributary to those States, and in the same ratio ha
they advance in prosperity, must she degenerate m physical and political

P °Your patience would be wearied, were I to attempt a history of the pro-
sress of internal improvement in other States of the Union, an you wou
become exhausted, were I to indulge in a detailed ^^^ifadopted^and
incalculable benefits resulting from a policy of ! 0 ® e ^ P to refer

pursued to completion with vigor and energy. Suffer me, however to re le r

to a few facts connected with the progress of the system m the State o
New York, where the policy has been more thoroughly tested than in any
other State in the Union. When Dewitt Clinton whose name has been
immortalized by his untiring efforts in the cause, first prevailed upon the
Leeisluture to construct the great Erie canal, he was made the object of
much contumely and ridicule; his views were pronounced quixotic, and the
most profound statesmen of that day esteemed the project utopian and
visionary in the extreme, and the enterprise “at least a century in advance
of the a^e.” The work, however, progressed to its completion, costing in
its construction upwards of seven millions one hundred and ioi ty thiee
thousand dollars. Since which time the debt contracted by the State
in the construction of the canal has been extinguished by its net pro.
ceeds and in 1837 ten per centum on the sum was derived from the toll
received, after paying all incidental expenses and repairs. The success

fal result of th's P *' , 11 ,■_ 'iin.] nnorl itiR Stati

JOURNAL OF THE SENATE.

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■ ;j Dec. 4.]

tucky have never been properly appreciated by her citizens. Until very
recently public attention has not been directed to the consideration of these
distinctive qualities of the country, and the attention that even now exists,
f has alone been awakened by the system of internal improvement, which
will, in its progress, unavoidably develope the latent wealth of the State.
Recent investigations have led to the conclusion, from a data that forbids
contradiction, that there are not less than ten millions of acres of coal and
iron within the limits of the State, and that Kentucky has more iron and
coal than the united kingdoms of England, Scotland and Ireland; notwith-
'• standing which, England makes annually about one million of tons of pig
l iron, and mines twenty millions of tons of coal, whilst Kentucky only pro¬
duces eighteen thousand tons of iron and a very inconsiderable quantity of
2, coal; and yet even at this early period of her political existence, without
v the artificial advantages of transporting the manufactured article to market,
'J she is the secondState in the confederacy in the quantity ofiron manufactured.
The regular and progressive increase of the quantity of coal offered in mar¬
ket by Pennsylvania, also affords an interesting illustration of the salutary
influence of the system of internal improvements upon the products and
industry of the community adopting it. In 1820 that State offered, in mar¬
ket, only three hundred and sixty tive tons of coal, and in 1837 the amount
had increased to eight hundred and seventy four tons, yielding about five
millions of dollars; and in 1834, there was invested in the anthracite coal
trade alone, upwards of nineteen millions of dollars. After an exhibition
of such facts as these, 1 need scarcely mention that the inexhaustible sources of
wealth possessed by Kentucky in her coal, iron, salt, gypsum, hydraulic lime,
and other minerals, must necessarily remain dormant and unproductive until
■ the facilities of transportation to market are provided in the improvement
of the country. Possessing all these minerals in superabundance, Kentucky
'is employing, at an immense cost other States, more active and alive to their
interest, to furnish her these indispensable articles of daily consumption.
/. The continuation in a course of policy so exhausting and disasterous in its
,• effects upon the pecuniary interest of the State, when it is entirely within
’ her power to will it otherwise, can only be attributable to an inexcusable
apathy of the people upon subjects of such vital importance to the commu¬
nity.

That the system of internal improvement will not only be sustained but
caiiied out by Kentucky, must be obvious to all who reflect upon the sub¬
ject. We are forced to this conclusion by a review of the history of the

! system elsewhere; and whatever anxiety may be entertained for its rapid
piogiess and expansion, we should at all times be restrained in the manage¬
ment of its details, by the dictates of prudence and the suggestions of reason.
It should be remembered that the system, as it progresses,'if prudently con-
‘ducted, must inevitably carry with it to the most sceptical mind the convic-
and that it will, as the country advances, continue
to expand in obedience to the increasing necessities and demands of the
mpeople. Influenced by these considerations, the correctness of the opinion
expressed in my last annual communication in regard to the expansion of the
.Woiks beyond the present contracts, is more forcibly impressed upon my
. mind. 1 believe that it would be, at this time, highly inexpedient to multi¬
ply the objects of improvement until the present contracts are completed,
which can be effected before the expiration of 1840, provided the energies

JOURNAL OF THE SENATE.

[Dec. 4.

of the State are concentrated upon its accomphshment lt is ofjpeat

^ t By an^c^ya^rovS'lOt^Februarj^l^S, further°to provide for the mter-

mil]ioQ P two eI hSSdiScl 1 and Hfty IhoSdollS S TnSrnal inafrovement
m noses At that time this fund was entirely exhausted and the Boa d
was*destitute of the means either to progress with the works or to> c^ply
with the obligations of the State to her contractors. I hat the t^ecutive
mi"ht not be wanting in its efforts to sustain the plighted faith of the State,
anfta avoid the disagreeable necessity of arresting the progress of he
Wks, I determined, at the earliest period, to make an effmt to obtam tl
money by offering the bonds in the eastern market. I, therefore, in March
last dispatched an agent duly authorised to make the negotiation, al¬
though bM little hope was entertained of his being successful in the mis¬
sion ° At that time the whole circulating medium ot the United States was
greatly deranged—confidence in the financial ability ol the country was de¬
stroyed, and but little disposition existed among capitalists to make invest¬
ments of such magnitude, even in the securities of those States whose char¬
ter and credit for punctuality had long been established Contrary how-
ever'to the expectations of all who were fam§iar with the depressed con-
condition of the stock market, a negotiation was fortunately effected, highly
advantageous to the State and creditable to the gentleman making the sale.
The contract of sale embraces stipulations well calculated to elevate ant es¬
tablish in European markets, the character and credit of Kentucky, where
her securities have been hitherto unknown, and where they aie now in re¬
duced under the most favorable circumstances. There has already been
paid upon the contract nine hundred and fifty thousand dollars, and the re¬
maining three hundred thousand dollars, is payable m three equal instal¬
ments on the fifteenth of the present month, and on the first of January
and February next. Upon the whole transaction there will be realized,
over and above the nominal amount of the bonds, a premium of upwards of
thirty five thousand dollars, which, by virtue of the existing laws upon the
subject, passes to the Sinking Fund, to be invested by the Commissioners

in safe and profitable stocks. . . ,

The Sinking Fund is so intimately connected with the system ot internal
improvement, that the success of the one depends much upon the prosperity
of the other. No money can be prudently borrowed lor the prosecution of
the public works, unless the resources of the Sinking Fund are sufficient to
enable the Commissioners to liquidate the semi-annual interest that accrues
upon the bonds sold. The ability of the Sinking Fund is at present almost
entirely hypothetical—on the first days of January and July of each year
the interest upon the bonds of the State is made payable in January tbe
Commissioners may have at their command ample means to meet the inter¬
est then due upon "the bonds, and the ability, in prospective, of paying the
interest due in July; but so insecure is the basis upon which rests almost
every dollar receivable by the Commissioners, that when the period arrives
for the payment of the interest, their resources may have failed them

Dec. 4.]

JOURNAL OF THE SENATE.

nearly all being precarious, and the collection thereof depending upon con-
tingences which may not happen; in which event the interest upon the
bonds must remain unpaid and the obligations of the State unfulfilled, her
[ character for punctuality forfeited, and her credit materially injured. Con-
‘ sequences so disastrous should be effectually guarded against, and to pre¬
vent such an occurrence, it is essential that your deliberations should be di¬
rected to the importance of providing, from time to time, additional and
permanent supplies; which, when added to the present resources of the
Fund, will render it more certainly adequate to the increasing demands up¬
on it, and which will at the same time enlarge and expand its means pre¬
paratory to the ultimate payment of the principal borrowed. That a re-
'■ suit of this kind may be effected, is as demonstrable as any arithmetical
proposition, and to accomplish which requires but your watchful supervision
and provident legislation.

The last annual report of the Commissioners of the Sinking Fund, made
14th December 1S37, exhibited a balance on hand of sixty six thousand eight
hundred and twenty seven dollars and seventy seven cents; since which time
there has been received from the various sources tributary to the Fund, the
yj sum of one hundred and sixty eight thousand six hundred and ninety five dol-
$ lars andseventy eight cents,and expended, the sum of one hundred and eighty
■*;. eight thousand and six dollars and seventy eight cents, of which expenditure
the sum of one hundred and thirty eight thousand nine hundred and ninety
Wseven dollars and twenty fivecents, has been invested in the stock of theNorth-
A ern Bank and Bank of Kentucky, leaving a balance on hand of forty seven
j thousand five hundred and sixteen dollars and' seventy seven cents, from which
:■< is to be deducted twenty one thousand five hundred and sixty eight dollars
andseventy five cents, the July instalment of interest due to the Board of Edu-
. cation. A more detailed statement of the Fund will be exhibited in the
annual report of the Commissioners, which will be laid before you in due
■4 time.

By an act of Congress, approved June 1S36, the surplus in the Treasury
of the General Government, exceeding five millions of dollars, Avas directed
to be deposited with the several States. Under the provisions of this act,
Kentucky was entitled to the sum of one million nine hundred and eleven
• ■ thousand six hundred and seventy six dollars and fifty two cents, three fourths
of which has been received by the State. The payment of the fourth in¬
stalment, amounting to the sum of four hundred and seventy seven thou¬
sand nine hundred and nineteendollars and thirteen cents, was, by act of Con-
egress bearing date the second of October 1S37, postponed until the first of
igjanuary 1839. Although Congress has expressly reserved the right to with-
d draw these deposits from the States whenever it should be deemed necessary
■otherwise to dispose of the funds, it is evident that the intention of Con-
ingress, in thus disposing of the surplus revenue, was to make a permanent
. ’"{distribution rather than a temporary loan to the States, and this intention is
■more particularly indicated in the last enactment upon this subject, in which
Ajthe power of making the requisition of the money deposited with the States
"is transferred from the Secretary of the Treasury to Congress itself. It is,
therefore, probable that the representatives of the respective States will
never direct a different disposition of these deposits, or require the States to
..refund them. Should the General Government ever require additional
■means to meet its expenditures, recourse will doubtless be had to other ex-

JOURNAL OF THE SENATE.

[Dec. 4.

pedients to supply the necessary demand. Whether the present financial
condition of the Treasury of the General Government will allow ol the
payment of the fourth instalment, at the time specified, is so extremley ques¬
tionable, that it would not be prudent to permit its anticipated reception to
have the slightest influence upon your deliberations. Should its payment,
however, be promptly made, its distribution is already provided for by an ex¬
isting law of this State; the sum ot one hundred and fifty thousand dollars
thereof is dedicated to the “founding and sustaining a general system of
public instruction,” and will be invested for the benefit of Common Schools;
two hundred and four thousand nine hundred and forty nine dollars and forty
five cents, five eights of the remainder, is appropriated to the increase of
the stock of the State in the fifth million of the capital of the Bank of Ken¬
tucky, and one hundred and twenty two thousand nine hundred and sixty
nine dollars and sixty eight cents, the residue of this instalment, is placed un¬
der the management of the Commissioners of the Sinking Fund, who - are di¬
rected to invest it in safe and profitable stocks.

In compliance with the request ol the Executives of several States, I lay
before you, for your consideration, the accompanying copies ot the various
preambles and resolutions adopted by the Legislatures ol their respective
States. Among them you will receive the resolutions passed by the Legis¬
lature of the State of Georgia, upon the subject of the refusal of the Ex¬
ecutive of the State of Maine to deliver up to the Executive authority of
Georgia certain fugitives from justice. A report of a joint committee, and
resolutions of the Legislature of the State of Connecticut, in relation to the
increase of the National Executive patronage; also, resolutions relating to
the disposition of the public lands ot the United States. A joint preamble
and resolutions of the General Assembly of the State of Alabama in favor
of the annexation of Texas to the United States of America. A joint pre¬
amble and resolutions of the General Assembly of the State of Arkansas in
favor of the cession of the public lands, as provided in a bill introduced at a
late session of the Congress of the United States, by the Hon. John C. Cal¬
houn. And the resolutions of the State of Ohio in relation to the annex¬
ation of Texas to the Union, accompanied by a letter from his Excellency
the Governor. That they will all receive that legislative notice and comity
due from one republic to another, I am fully assured.

I herewith, also, transmit to you a copy of resolutions adopted by the
Legislature of the State of Maine, respecting the franking privilege, to¬
gether with those passed by the Legislature of the State of Vermont in
relation to the same subject. As an object of general interest I would re¬
spectfully request your attention particularly to these resolutions. The Post
Office Department was originally established for the convenience and bene¬
fit of the whole community, and should be made to subserve the purposes
for which it was created. It is the only general medium of communication
through which legislative and statistical information can be diffused, or the
States and citizens apprised of the happening of important national events.
It certainly never was designed, by those creating this department of the
General Government, that it should be made a source of revenue or of un¬
necessary taxation of the people. I therefore fully concur in the resolutions
adopted by the Legislature of Maine, and have ever believed that a law
should be enacted by Congress enlarging the franking privilege, as suggested
in those resolutions.

Dec. 4.] JOURNAL OF THE SENATE. 13

In obedience to a resolution, approved 15th February IS38, requesting
the Governor to obtain the manuscript journals of the Conventions held in
1792 and 1799, 1 have instituted much inquiry and research. I have been
enabled to procure a printed copy of the journals of the Convention of
1799, but have not succeeded in obtaining those of 1792, and it is seriously
apprehended that the only copies then extant were consumed some years
since by the burning of the capitol. I have been fortunate however in secu¬
ring what is said to be a correct catalogue of the members composing the
Convention of 1792, which is herewith transmitted.

By an act of your last session, the annual profits of the State arising from
the Penitentiary are appropriated to the Sinking Fund, and the Keeper is
required to pay over to the Commissioners of the Sinking Fund the Common¬
wealth’s portion of the profits that had accrued since he has had charge of the
institution. Upon an inspection of the books of the prison, the Commissioners
found it necessary, in order to ascertain correctly the exact amount due the
State, that the accounts should be examined, and the books properly balanced
by disinterested and qualified Clerks. Competent accountants were according¬
ly engaged, and have been for some time past employed in ascertaining the pre¬
cise condition of the fiscal affairs of the institution, but as yet have not com¬
pleted the task. The Keeper has paid over to the Commissioners of the Sinking
Fundthesum offive.thousanddollars, which he supposes to be about the amount
of the cash on hand due the Commonwealth, upon a fair and equitable settle¬
ment, and professes his readiness at any time, should it not be equal to the sum
ascertained to be due, upon the books being balanced, to pay over the deficit;
and represents to the Commissioners that the balance of that proportion of
the profits to which the State is entitled, is embraced in the manufactured
articles and raw materials on hand, and in the debts now due the institution.
' The present law respecting the Penitentiary expires in March next; per¬
mit me respectfully to suggest that, in the future management of the institu¬
tion, the Clerk should be an officer entirely independent of the Keeper; he
should be appointed by the Executive, and subject to his removal, whose
duty it should be to take exclusive control of the books and accounts of the
institution, and to balance them quarterly; and he should be required to ex¬
ecute bond and to take the usual oaths of office. Should this amendment be
made, and a salary attached to the office sufficient to command the most
competent Clerks of the country, I have no hesitancy in saying that the dif¬
ficulties that have heretofore presented themselves in the adjustment of the
accounts, would be obviated in future.

' By a joint resolution, adopted at your last session, the Governor -was em¬
powered to appoint some competent person to make a geological reconois-
sance of the mineral regions oi the State. The requirements of the resolu¬
tion have not been overlooked; a subject of such importance, and one so
well calculated to develope the hidden resources of the State, claimed my
earliest attention. After making considerable inquiry for an individual emi¬
nently competent to the task, 1 tendered the situation to a gentleman of
distinction in his profession, who accepted the appointment, and in a short
time thereafter entered upon the duiies enjoined upon him in the resolution,
and will in due time, I have no doubt, lay before you, in a comprehensive
and satisiactory report, the results of his research. It is confidently believ¬
ed that the mineral resources of Kentucky are equal if not surpassing those
of any other State in the Union. The great importance and usefulness of

■C?

JOURNAL OF THE SENATE. [Dec. 4.

a geological survey to the future advancement ol the State, cannot be
measured by conjecture. The discoveries made by an extended research of
this kind, will lead to results of much greater magnitude than wou d be
supposed upon a superficial view of the subject. It is a well established
rule in domestic economy, that whatever can be produced or manufactured
at home, should never be purchased abroad; the salutary influence ot this
maxim applies more forcibly to the management of public affairs than even
to the arrangements of the homestead. Immense sums are yearly with¬
drawn from circulation in Kentucky, to be expended in the purchase, from
other States, of coal, iron, salt, and other minerals, and of the various manu
factured articles necessary to the comfort, husbandry and machinism o 10
country, whilst the presumption is, that by a geological survey it would be
clearly illustrated, that the minerals of Kentucky are, not only adequate to
the production of all of these articles lor home consumption, but would, in
their exportation to other States, be a source of annual income to the com¬
munity greatly exceeding in its amount the revenue ot the Commonwealth.
It would quicken the energies of the people, direct their industry to new
and lucrative branches of business, and induce the investment ol much
capital in the mining of coal and in the establishment ol furnaces and ienges
for the manufacture of iron and salt—thus affording to many of our citizens
much useful and profitable employment. Should, therefore, the expectations
so generally entertained of the mineral wealth of the State be realized, there
caii 5 exist but one opinion as to the propriety of ordering a minute geological
survey. When this survey is made, the difficulties that now exist in the
transportation of these commodities to market will present the only obstacle
to the full enjoyment of the mineral wealth of the State, and which will
itself be overcome by the completion of the system of internal improve*

ment. .

To enable a deliberative body, clothed with legislative powers, to act
uriderstandingly upon any subject whatever, connected with the general ad¬
vancement and prosperity of the community, it is highly important tha 1
should be minutely informed of the pursuits, products and condition ot the
country. To abrogate or amend such existing laws as are tound bui then-
some in their requirements, or oppressive in their operations, and to adopt
such measures as will promote the interest of the State, it is essential that
it should have a correct estimate of the capacities of the country, and be
well advised of the inclinations and pursuits of the people; otherwise its
action is based upon conjecture, and the measures adopted must conse-
quently be inefficient, and result either in a partial attainment ol the end
desired, or in total defeat. Suffer me therefore to suggest the propriety of
enacting a law by which the amount, kind and value of the agricultural pro¬
ducts, of the manufactured articles, ol the commerce and the exportation
and importation of the State, can be satisfactorily ascertained and lepoitec.
By adopting a plan to ascertain and make public these statistical facts, an
additional incentive would be imparted to the citizen, the aggregate amount
of the business of the country greatly enlarged, and the Legislature en¬
abled to offer, in the passage of wholsome laws, such encouragement as
would create a laudable emulation among the people, calculated in its effects,
to increase and expand the wealth and industry of the community.

It has become an unpleasant and painful but a necessary duty on my pai t,
to solicit your attention to a subject of vast importance to the peace and

D ec . 4.] JOURNAL OF THE SENATE. 15

s tranquility of society, as well as to the security of those rights that belong

1 individually to the citizen. Greatly do I fear, that this happy land is on the

i brink of a fearful convulsion. The question that now agitates it, urged on

l by the feelings of infuriated fanaticism, involves the rights and institutions

1 oi' the whole southern portion of the confederacy. A question more pow-

> erful, more reckless, and more menacing, than any that has ever disturbed

l the tranquility of our peaceful country. It regards no law—it quails at no

.''“consequences, although those consequences threaten the dissolution of the
i political and social ties that bind us together as a nation. Its misguided ad¬
vocates, driven on by principles at war with the existence of social rights—
3 principles denounced by every patriot—the growth of disordered intellect,

3 and disorganized feeling, stop not to consider either the morality or the

J means to further their wild and illegal projects. These men are dangerous,

i not from their numbers, but from the principles by which they are actuated,

and which influences them to action, in defiance of all law, regardless of
all consequences, under a feeling of desperation and recklessness that usually
v characterizes the misguided and the fanatic.

I Some of the Abolitionists of an adjoining State, not contented with the

s mere promulgation of opinions and views, calculated to excite a feeling of

s disaffection among our slave population, and to render this description of

s property insecure in the hands of its proprietors, have extended their oper-

e ations so far as to mingle, personally, with our slaves, to enter into arrange-

d meats with them, and to afford them the means and facilities of escape from

e their owners. This flagitious conduct is not to be tolerated—it must be

e checked in its origin by the adoption of efficient and energetic measures, or

II it will, in all human probability, lead to results greatly to be deprecated by

every friend to law and good order.

There is a spirit of Abolition now abroad in the land, that threatens fear-
>t fully the overthrow of all social intercourse between neighboring States,

1- and is ominous of consequences appalling to every true lover of his country,

it It is a fact, no longer to be disguised, that the conduct of the Abolitionist, is at

ie war with the acknowledged and legal rights of the citizen—that he tramples

i- under his feet, laws that hold sacred the property of others, and feels no

3t scruple in the commission of a crime, to advance that cause in which he has

it embarked with such reckless desperation. Kentucky has already exercised

ie too much forbearance on this subject, and the advocates of these doctrines

ts have been emboldened to progress from that which may be considered specu-

e- lative to practical Abolitionism; or, in other words, from the use of absurd

,4 arid lanatical arguments, to the actual abduction of our slaves for the pur-

of pose ol emancipation. The true patriot, the honest and virtuous citizen—

o- he who looks with ardent solicitude to the permanency of our free institu-

>n tions, and the welfare of the republic—must deeply deplore the existence of

d. an infatuation, in any portion of these United States, producing such results;

in prostrating so entirely the moral sense of enlightened freemen, and threat-

rt ening consequences so distructive to those feelings of amity and kindness

n- that ought to pervade every portion of our common country. We had

ag fondly cherished the hope, that the good sense of our countrymen would

ts, have ultimately convinced them of the fallacy of these doctrines, and that
perceiving their error, they would have abandoned a position, so fatal to the
•t, best hopes of the patriot, so false and dangerous in itself, and so obviously

id inconsistent with the general tranquility and the legal rights of a consider-

JOURNAL OF THE SENATE.

[Dec. 4.

able portion of our citizens. Influenced by this expectation, we have for¬
borne, until forbearance is no longer a virtue. Not now to act would be a
criminal disregard of our rights—it would be a dereliction ot those high du¬
ties that every citizen owes to himself. The evil is not imaginary, but has
exhibited itself in a tangible shape, and must be encountered. This demon-
like-spirit that rages uncontrolled by law, or sense of moral right, must be
overcome—it must be subdued; its action in this State should be prohibited
under such penalties as will effectually curb its lawlessness and disarm its
power.

Property in slaves is guarantied to the citizen of this State by the laws
and the constitution, lie holds his slave by the same tenure that he holds
all other property. He has as strong a demand upon the laws for the pro¬
tection of this right as for the protection of any other. The laws should,
therefore, be made adequate to this purpose, and this can only be effected
in opposition to that feeling of fanaticism to which I have alluded, by in¬
flicting capital punishment upon every individual who is instrumental in
aiding or assisting a slave from this to any other State. We are exposed to
losses of this kind upon the whole of our northwestern boundary; the fa¬
cilities, therefore, afforded for the perpetration of this crime are numerous,
and its suppression requires enactments of proportionate severity. In the
faithful discharge of my official duty, I am required to protect the citizen in
the enjoyment of his property, and in the accomplishment of this end, if
milder means will not answer, I shall feel constrained to call into requisition
every power with which I am invested by the laws and the constitution.

Permit me, respectfully, to mention the propriety of an enactment to pre¬
vent the propagation in this State of the views and arguments of the Abo¬
litionists. They are professedly circulated for the conviction of the master,
but really intended to operate on the slave. Why should a man be toler¬
ated in the publication of opinions dangerous and ruinous to the security of
my right to property, and at the same time be restrained from a publication
injurious to my character? It is true that the Abolitionist holds this to be
an abridgment of the freedom of opinion—but does not common sense teach
all men, that if it be wrong to injure the character of his neighbor, by the
circulation of slander against him, that it is equally wrong to circulate opin¬
ions injurious to any other right secured him by law, and the tendency of
which is to put that right in jeopardy? No reason is necessary to demon¬
strate a proposition so entirely self-evident; and upon those, upon whom the
voice of reason is lost and remonstrance makes no impression, no salutary
influence can be exercised, except through the medium of the apprehension
of direct and certain punishment.

The subject of general education is at this time attracting the attention
of almost every civilized nation upon the globe. Many of the European
powers are now earnestly engaged in the diffusion of useful knowledge, and
are lending all their energies to the building up of a well digested system of
Common Schools. Notwithstanding the correctness ot the principle, “that
a despotism is supported by fear, a republic by virtue'' monarchs, in their
great, anxiety to augment the happiness of the human family, are endanger¬
ing the permanency of their thrones, in the enlightenment of their subjects.
In Prussia, in 1S28, it is estimated that there were one million nine hundred
and twenty three thousand two hundred children between seven and four¬
teen years of age, thirteen of every fifteen of whom were educated in her

Dec. 4.]

JOURNAL OF THE SENATE.

public schools. In Austria and Germany, scarcely a child can be found that
has not received the benefits of public instruction. Sweden has the reputa-
tion of being the best educated nation on earth. Even Russia, heretofore
§ considered as the most illiterate and abject nation in Christendom, is actively
’ engaged in establishing and dispensing the blessings of a system of Common
Schools. In the United States much has been done; a large majority of the
States have adopted their systems of public instruction, and the attention of
1 all is now directed to this important subject. In the State of New York, in
lb3(j, there were reported to be five hundred and sixty three thousand eight
hundred and eighty two children between five and sixteen years of atm, and
oi this number five hundred and twenty four thousand one hundred and
eighty eight were at school. In Connecticut it is stated that ninety one
thousand six hundred and sixty six, of a population of two hundred and
seventy live thousand, attended free schools. The States of Massachusetts,
Connecticut, New York, Ohio, and several other States, have already es¬
tablished and in operation a very general and expanded system of Common
Schools; whilst in almost e very other State the system is in the progress of
successful organization. Kentucky has, under very auspicious circumstan¬
ces, just commenced her efforts in this great cause, and it is ardently hoped
that she will not linger upon the threshhold, but march onward with a deter¬
mination and energy that will ensure the establishment of a permanent sys¬
tem of Common Schools; her citizens, in a most eminent degree, require all
the advantages of a well regulated system. By the census of 1S3U, it ap¬
pears that there were then in Kentucky one hundred and forty six thousand
nine hundred and thirty one-children between five and fifteen years of ao-e;
the number now may be fairly estimated at one hundred and “seventy five
thousand; the probable number ol uniustructed children within the State
may be arrived at, from the computation of those most familiar with the sub¬
ject, that at least one third of the adult population of the State are unable
to write their names; truly a most mortifying estimate, and one that should
elicit the most vigorous and energetic legislation.

The freedom and equality of the citizen, one of the fundamental princi¬
ples of the government, can only be maintained • through the -benign influ¬
ence ol moral education. Knowledge is as essential to civil freedom, as
the general distribution of arms to military equality. It is the influence of
education over .the mind that enables man 1o gain the splendid triumph of
reason over passion—of justice over prejudice—of liberty-over despotism.
No intellectual freedom can be long enjoyed—no government, based upon
the broad principles of republicanism, can long be sustained, or the liberty
of its citizens perpetuated, whilst the great body of the people remain un¬
educated. 11 we turn to the history of the past and direct our inquiries to
the moving causes of the decline and subversion of ancient governments,
we are answered—when learning declined, their liberty degenerated—when
education fell into disrepute, tyranny made its appearance—we see those
beautiful models of free governments exchanging their boasted independence
ioi abject slavery—we find proud and magnificent Athens falling into ruins—
stern and inflexible Sparta yielding her iron laws of equalitv, and Rome,
with all her potency, succumbing to designing demagogues, because of the
decay of knowledge, and the neglect of intellectual cultivation. The history
of the past, portends the events of the future. Without a general dissemina¬
tion of useful education, both physical and moral, all nations must live and

JOURNAL OF THE SENATE.

[Dec. 4

pxDire in ignoble obscurity; it is as essential to the perpetuity of republics
as heat to vegetation oAhe earth; for freedom, like

be kept alive by continued watchfulness—by continued > expands

•«nL imparting to it new vtgor.aocOn to " 1 '7 “ P p “S

and brightens into a purer flame. None doubt thecapaci y
manage and direct the affairs of a nation; then all ihe’o-reat diffi-

is amply illustrated in the history of our own republic; but the g^t
culty to encounter in the successful.presentation of any § ^ 1 )e t( J

UsthTm, by' ££

S^fi*3»S! oUSS lb. progress oihbe

mental and physical improvement of the countij _ j engaged in

,.,e dSfes appS £&■ office. Ts S„!h has

been done f. forward the establishment «

bp mntnrpd in one or even ten years, us leapuuu i i . . .

os SvSe Ss its most zealous friends anticipated, scarcely a division of

ffife from y obi«tffin S In ? tS effort that has been mad. to ^rry Ins aw
into operation, it has been found defective m several partic nUs “

recollected that bv an enactment of 23d February 1.S3/, it was made tne
duty of the Commissioners of tax to ascertain and express on the^r books

the number of free white children between the ages oi five and ei_,htee

years- this provision of the law lias not been complied With, in consequence
of which failure, the Board of Education have been unable to ascei tain the
amount due from the School Fund to any county or district, and no appor-
tionment could, therefore, be made to the districts that have,moved m he
vstem until the whole number of children within the State, between the
two dot as es was ascertained. The law is defective in its provisions in re-
fation to°the Commissioners of counties; by their failure to act, Je progress
of the system is entirely arrested in the county m which they aie appointed,
the duties required of ‘them are very onerous, they receive no compensation
for their services, and consequently their co-operation is most generally with¬
held. Without the existence of a strong public sentiment m [awi of the
system the inducement offerred in the amount contributed by the State, ■ is
So smalHo excite the citizens to its adoption. The great obstacle to the
establishment of Common Schools is, however, not so much the defects i of
the law as the apathy of the people. No law can be efficient unless the
people are impressed with the importance of its faithful execution, and 1
the introduction of all great enterprises, public opinion
not follow the efforts to establish it; public opinion in this country being
supreme, both in leading to the passage and in willing the repeal of law. A

JOURNAL OF THE SENATE.

Djsc. 5.]

system that is to endure for ages requires time to mature; experience alone,
therefore, can perfect the system, and were it possible now tooffera planentire-
£( ly faultless in its provisions, it would not be immediately adopted by the peo-
pie: the subject is new to them, and the public mind must be first aroused

* and enlightened in regard to its operations and influences upon the general
? weal of the country. Many misconceptions of the law and its objects
f have doubtless been adopted and prejudices formed, which should be ex¬
plained and overcome. These errors and prejudices can only be effectually
corrected by the Superintendent, in person,, presenting the subject directly
before the people in popular asssemblies. It should, therefore, be made his

' duty to visit every section of the State, to call public meetings in the county

# towns and neighborhoods, and to deliver addresses explanatory of the law
and of the benefits resulting to the country from the establishment of Com-
mon Schools; thus public attention would be directed to the subject, and the
co-operation of all favorable to the system secured. The present salary is

■> inadequate to secure the undivided attention of a Superintendent competent
to the arduous and responsible duties of the office. So much of the success
of the system depends upon this officer, that the salary should be sufficient
to command the services of the most enlightened, active and efficient agent.
. The system must ultimately be established, and when once in successful
operation, it will be highly acceptaple to the people; but it requires much
labor and patience, time and perseverance. Other States have encountered
and overcome all difficulties, and are now reaping the reward of their assi¬
duity—Kentucky, with as much patriotism, energy and decision of.chSrac-
Biker, I am fully persuaded can do the same.

JAS. CLARK.

j December 4, 183S.

[For Documents accompanying the Governor's Message—see Appendix.']
On the motion of Mr. James,

Ordered, That the Public Printer print 3000 copies of the said message
.for the use of the Senate.

And then the Senate adjourned.

WEDNESDAY, DECEMBER 5, 183S.

Mr. George Roberts, a member of the Senate from the fourteenth Sena¬
torial District, and Mr. Elijah F. Nuttall, a member of the Senate from the
sixteenth Senatorial District, appeared and took their seats.

The following standing committees were appointed, to-wit:

On the Judiciary —Messrs. Guthrie, Beatty, James, Dixon, and Hanson.
Of Propositions and Grievances —Messrs. Willis, Johnston, James V.
Walker, Weller, and Rice.

[Dec. 5.

JOURNAL OF THE SENATE.

Of Privileges and Elections —Messrs. Huston, Jesup, Morgan oi Nicho¬
las, Davidson, and De Courcy.

Of Religion— Messrs. Wingate, Beatty, Pratt, Bradshaw, and Morgan of
Nicholas.

Of Internal Improvement— Messrs. Ballinger, Clarke, Watkins, Murrell,
and Jasper.

Of Finance —Messrs. Hanson, Burnett, Tomlinson, Johnston, and Rice.

On Education— Messrs. Beatty, Weller, S. Young, Nuttall, and Walker
of Madison.

On the Penitentiary —Messrs. Pitts, Barlow, Ford, Schooling, and Wal¬

lace.

On Military Affairs— Messrs. Jesup, Davidson, Roberts, Wallace, and
Pratt.

JOINT COMMITTEES.

On Enrollments —Messrs. Barlow, Burnett, and Watkins.
On Banks —Messrs. Guthrie and Beatty.

On the Library —Messrs. Clarke, Rice, and Burnett.

On Public Offices— Messrs. Murrell and Ford.

1. Mr. Pitts presented the petition of Edward McCoy, praying for ad¬
ditional compensation for taking in lists of taxable psoperty in Butlei in
the year 1837.

2. Mr. Weller presented the petition of Sabrina Matlock, praying for a
divorce from her husband, John Matlock.

3. Mr. Wingate presented the petition of Lucy Jacobs, and sundiy citi¬
zens of Owen county, praying that the said Lucy be divorced from her hus¬
band, Martin Jacobs.

4. Mr. S. Young presented the petition of George H. Clements and
others, praying for the passage of a law authorizing them to convey a tract
of land in Nelson county.

5. Mr. Weller presented the petition of James Morse, praying for the
passage of a law authorizing the Trustees of the town of Princeton to con¬
vey to him four lots in said town.

6. Also,'the petition of John W. Simpson, praying for the passage of a law
releasing to him the right of the State to three hundred acres of land in
Livingston county, which has been forfeited for the non-payment of taxes.

Which petitions were received, and with the documents accompanying
the same, were referred; the first, to the committee of Finance; the second
and third, to the committee of Religion; and the fourth, fifth and sixth, to
the committee on the Judiciary.

the

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JOURNAL OF THE SENATE.

Dec. 5.]

On the motion of Mr. James,

.Resolved, That the committee on Finance be instructed to inquire into
the expediency and propriety of extending the time for taking judgments
againts the collectors of the revenue of this Commonwealth.

Leave was given to bring in the following bills, viz: \

..... On the motion of Mr. S. Young—1. A bill to amend the law incorpora¬
ting the town of Bardstown.

.On the motion of Mr. Rice—2. A bill to regulate the conveyance of town
lots in Louisa, Lawrence county, and to legalize the conveyances already
made.

' On the motion of Mr. Jesup—3. A bill to repeal the law respecting the
importation of slaves into this State, approved February the 2d, 1633.

On the motion of Mr. Guthrie—4. A bill to regulate the administration
and settlement of estates.

5. A bill for the better confirmation of the estates of persons holding or
claiming under conveyances from married women, and under conveyances
not recorded in proper time.

6. A bill to prohibit unlawful dealing by corporations, and the better to
protect the currency.

Messrs. S. Young, Guthrie and James, were appointed a committee to
prepare and bring in the first; Messrs. Rice, Clarke and Pratt, the second;
Messrs. Jesup, James and Jasper, the third; and the committee on the Ju¬
diciary were directed to prepare and bring in the fourth, fifth and sixth.

On the motion of Mr. James,

Resolved, That so much of the Governor’s message as relates to the Ju¬
diciary and Abolition, be referred to the committee on the Judiciary; so
much as relates to Internal Improvement, be referred to the committee on
Internal Improvement; so much as relates to the Penitentiary, be referred
to the committee on the Penitentiary; so much as’relates to the fiscal affairs
of this Commonwealth, be referred to the committee on Finance; and that
so much as relates to Education, be referred to the committee on Education.

And then the Senate adjourned.

' ■ .

JOURNAL OF THE SENATE.

THURSDAY, DECEMBER 6, 1S3S.

The Speaker laid before the’Senate the annual report of the Agent and
Keeper of the Penitentiary.

[For this report—see Appendix .]

Ordered, That the said report be referred to the committee on the Peni¬
tentiary.

Ordered, That the Public Printer print 150 copies thereof for the use of
the General Assembly.

1. Mr. Burnett presented the petition of William Wilson, praying for a

divorce from his wife, Mary W ilson.

2. Mr. James presented the petition of the members of the bar in the
sixteenth Judicial District, praying that the time of holding the Courts in
said district may be changed.

3. Mr. Willis presented the petition of Jefferson A. Murray, praying for
a divorce from his wife, Louisa Murray.

4. Mr. Pitts presented the petition of James P. Howard, praying for a
divorce from his wife, Paulina Howard.-

5. Mr. Jasper presented the petition of Sarah J. Phelps, praying for a
divorce from her husband, Vincent Phelps.

6. Mr. Ballinger presented the petition of Abel Penington and others,
praying for an appropriation to improve the navigation of the middle fork
of Kentucky river.

7. Mr. Jasper presented the petition of Joseph Poulson, praying for a
divorce from his wife, Viney Poulson.

8. Mr.’ Jasper presented the petition of Rebecca Wilson, praying for the'
passage of a law authorizing the sale of a tract of land in Pulaski county,
of which her late husband died seized, and that the proceeds be vested in
lands in the State of Illinois.

9. Mr. J. S. Morgan presented the petition of M. Riell, praying for com-1
pensation for apprehending Roswell Sturdivant, a fugitive from justice.

10. Mr. Guthrie presented the petition of Ferdinand Hunn, praying for
a divorce from his wife, Catharine Hunn.

Which petitions w r ere received and referred; the 1st, 3d, 4th, 5th, 7th
and 10th, to the committee of Religion; the 2d, to a committee of Messrs.
James, Weller and Burnett; the 6th, to the committee of Internal Improve¬
ment; the 8th, to the committee on the Judiciary; and the 9th to the com¬
mittee of Propositions and Grievances.

6 .

JOURNAL OP THE SENATE.

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Dec. 6.] JOURNAL OP THE SENATE. 23

' The following bills were reported from the committees appointed to pre¬
pare and bring in the same, viz:

'-ABy Mr. Hanson, from the committee of Finance—A bill to change the
January term of the General Court.

: t By Mr. S. Young—A bill to amend the law incorporating the town of
Bardstown.

Which bills were each read the first time, and ordered to be read a second
time.

The rule of the Senate, constitutional provision, and second reading of
the said bills being dispensed with, they were referred to the committee on
the Judiciary.

Mr. Wingate moved the following resolution, viz:

Resolved, That the committee on Religion be instructed to report against
all applications for a divorce, where the case is provided for by law.

The question being taken on the adoption of the said resolution, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs Wingate and Nuttall,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
Ford,
Guthrie,
Hanson,

Huston,
Johnston,
Morgan. J. S,
.Nuttall,

Rice,

Tomlinson,
Walker, C. J.

Walker, J. V.

Wallace,

Watkins,

Weller,

Wingate,

Young S.—20.

Those who voted in the negative were—

Messrs. Barlow,
Bradshaw,
Burnett,

De Courcy,
Dixon,

James,

Jasper,

Jesup,

Murrell,

Pitts,

Pratt,
Roberts,
Schooling,
Willis—14.

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7th

ssrs.

ove-

:om-

A message was received from the House of Representatives, announcing
the passage of bills of the following titles, viz:

An act to amend the charter of the city of Covington.

An act for the benefit of Mary Ann Sellers and Sarah E. Sellers.

Which bills were each read the first time, and ordered to be read a second
time.

The rule of the Senate, constitutional provision, and second reading of
the said bills being dispensed with, they were referred to the committee on
the Judiciary.

JOURNAL OF THE SENATE.

[Dec. 6,

JYJi', Dixon moved for leave to bring in a bill to repeal an act entitled, an
act to equalize taxation, approved February 23d, ISo/.

The consideration of the said motion was postponed until W ednesday

next.

Two messages, in writing, were received from the Governor, by Mr. Bul¬
lock, Secretary of State.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Wingate—1. A bill to establish a new judicial
district out of the counties of Woodford, Anderson, Franklin, Shelby, and
Owen.

On the motion of Mr. Nuttall—2. A bill to amend the law in lelation to
the action of trespass.

On the motion of Mr. Ballinger—3. A bill for the benefit of William
Crabtree.

On the motion of Mr. Jesup—4. A bill to branch the Baidstown and
Green river roads, and for other purposes.

On the motion of Mr. Jesup—5. A bill to branch the Logan, Todd and
Christian turnpike road, and for other purposes.

On the motion of Mr. Wingate—6. A bill for the benefit of Joel Herndon,
Sheriff of Oweu county.

On the motion of Mr. Pitts—7. A bill for the benefit of the Sheriff of
Butler county.

On the motion of Mr. Johnston—S. A bill to amend the law incorpor¬
ating the town of Simpsonville, in Shelby county.

On the motion of Mr. Guthrie—9. A bill giving boatsmen, mariners,
mechanics, tradesmen, and others, liens on steamboats and other steam ves¬
sels.

The committee on the Judiciary was directed to prepare and bring in the
first and ninth; the committee of Finance, the third, sixth and seventh; the
committee of Internal Improvement, the fourth and fifth; Messrs. Nuttall,
Ballinger and Willis, were appointed a committee to prepare and bring in
the second; and Messrs. Johnston, Nuttall and Huston, the eighth.

On the motion of Mr. Willis, the petition of Aaron Harding, adminis¬
trator of the estate of D. Campbell, deceased, was taken up and referred
to the committee on the Judiciary.

And then the Senate adjourned.

.‘Dec. 7.] JOURNAL OF THE SENATE; 25

■

FRIDAY, DECEMBER 7, 1S38.

1. Mr. De Courcy presented the petition of Enoch Stephens, and Martha,-
his wife, praying for a divorce from each other.

2. Mr. Rice presented the petition of William C. Ball, John C. Ball and
Harrison G. Burns, who stand charged in the Greenup Circuit Court with
malicious stabbing of Jacob Kouns, praying for a change of venue.

3. Mr. Weller presented the petition of sundry citizens of the town of
Princeton, praying for the passage of a law authorizing the appointment of
an additional Justice of the Peace for said town.

4. Mr. Pitts presented the petition of sundry citizens of Butler county,
praying that the place of voting in an election precinct in said county may
be changed.

5. Mr. Pitts presented the petition of sundry citizens of Butler county,
praying for the establishment of an election precinct in said county.

■ Which petitions were received and referred, the first to the committee of
Religion; the second to the committee on the Judiciary; the third to the
committee of Propositions and Grievances; and the fourth and fifth to the
committee of Privileges and Elections.

■ Mr. Guthrie from the committee on the Judiciary, to whom was referred
the petition of James Morse, reported the following resolution thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

Mr. Guthrie from the same committee, reported the following bills, viz:

A bill for the benefit of John W. Simpson.

A bill to regulate the administration and settlement of estates.

Which bills were each read the first time, and ordered to be read the se¬
cond time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the first was ordered to be engrossed and read a third time,
and the second was recommitted to the committee on the Judiciary, and the
Public Printer was directed to print one hundred and fifty copies thereof for
the use of the General Assembly.

' Mr. Jesup, from the committee appointed for that purpose, reported a bill
to repeal the law prohibiting the importation of slaves into this state, ap¬
proved February 2, 1833, which was read the first time; the second reading
being objected to, the question was taken, shall the said bill be rejected,
and it was decided in the negative, and so the said bill was ordered to be
read a second time.

26 JOURNAL OF THE SENATE. [Dec. 7.

The yeas and nays being required thereon by Messrs. Watkins and
Davidson, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger, Guthrie,

Beatty, Huston,

Clarke, Morgan,

Davidson, Nutall,

De Courcy,

Those who voted in the negative were

Messrs. Barlow, J esup,

Bradshaw, Johnston,

Burnett, Murrell,

Dixon, Roberts,

James, Schooling,

Jasper, Tomlinson, 1 oung S.—lt>.

The constitutional rule as to the second reading being dispensed with,,

the said bill was referred to the committee on the Judiciary.

On the motion of Mr. Willis,

Resolved, That the Senate hare heard of the death of Col. Anthony
Crockett, formerly an officer of this body for many years, with deep regret;
and as a testimonial of their high regard for his valor and patriotism, dis¬
played in his services in the war of the revolution and the late war, his vir¬
tues as a citizen, and his upright and correct deportment as a public officer,
they will wear the usual badge of mourning on the left arm for thirty days.

Pratt,

Rice,

Wallace,

Wingate-

•Dec. 7.]

JOURNAL OF THE SENATE. '27

Amount brought forward, - - - $20,829 S8J

The Treasurer has paid in cash upon the orders of the Board,
per lhs vouchers, filed as follows, viz:

On account of contracts made in 1S37, and not
; fiinished when the last annual report was made,

On account of dividends declared in 1834, 1835,
and 1836, -------

To toll-gate keepers, (four,) -
For rent of two houses for gate keepers,

To superintendent,.

On contract for permanent repairs on road east
of Shelbyville, made this year,

For ordinary repairs on the road west of Shelby-
)• ville, sideways, culverts and repairs on the east
< end of the road, under contracts made prior to
'• the 1st of May last,.

$9,541

443

93*

720

650

6,735

2,341

Balance now in the Treasury,

There remains of the judgment recovered against Thomas
VV. Newton, former Treasurer, and his security, for his
delinquency in 1S37, and upon which nothing will be lost,

There yet remains due of dividends on stock, for the years
\ 1834,1835 and 1836, uncalled for, - - -

Resources at this time, - - - -

20,476 51*
$353 37i

4,006 00
$4,359 37|
396 46
$3,962 91*

The length of the turnpike road east of Shelbyville, is 4,076 rods, all of
which is now under contract at an average of $1 25 per perch, for furnish¬
ing and breaking the rock, and 16| cents per perch for putting on and spread¬
ing the same. It is estimated to average tour perch per rod, thus making
16,304 perch at $1 41 jL including the spreading, will amount

to - .$24,140 00

Towards which there has been paid, ----- 6,735 00

17,405 00

From which deduct the balance above,. 3,962 91*

$13,442 08*

,tV The existing contracts will probably have been complied with on the part
of the Contractors within twenty days from this time, and the above stated
sum of $13,442 OS* may be justly estimated as the balance which will be
due from this Board; and to discharge which, reliance is alone had upon the
future receipt of tolls.

' Much work remains yet to be done upon the sideways; and many cul¬
verts, where there are now washes, must be made the next season; and up-

JOURNAL OF TIIE SENATE.

[Dec. S,

on ten miles of the road west of Shelbyville, about two perch of rock per
rod, will be requisite to put the road in good order; all of which may be
estimated at a cost of $10,000.

The I'eceipt of tolls during the next year, if the rate be not increased,
may be estimated at $17,000—the present rate, however, should be raised
The balances estimated to comply with present contracts be- •

ino-,.. $1 o,442 OS?

And°the probable expenses for repairs for the next year being 10,000 00

Thus making,

23,442 08i

By adding to or raising the present rate of tolls 50 per centum, this Boaid,
at the end of the next year, may have the road in good repair, and be free
from debt, but will not be able to declare any dividend—nor was any declared
the present year; and it was thought impolitic to increase the tolls until the
repairs between Shelbyville and the Franklin county line should be thorough,
All of which is respectfully reported by order of the Board.

SAMUEL TEVIS, Chairman.

Shelbyville, Dec. 1st, 1S3S.

The said report was laid on the table.
And then the Senate adjourned.

rei

SATURDAY, DECEMBER 8, 1S38.

A message was received from the House of Representatives, announcing q.
the passage of bills of the following titles, viz:

1. An act to change the names of Mary Ann Brumley and Abigial Ann se
Brumley.

2. An act allowing two additional Justices of the Peace and one Constable ^

to the county of Whitley, and two additional Justices to Madison county. ^

3. An act to change the place of voting in the Mulliken precinct, in Flem- p e

ing county.

4. An act to allow an additional Justice of the Peace to the county of bi
Logan.

5. An act allowing an additional Constable to the counties of Clinton and .
Adair.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st, 2d, 4th and 5th, were referred to the committee of

JOURNAL OF THE SENATE.

•29

Dec. 8.]

Propositions and Grievances; and the third to the committee of Privileges
and Elections.

The Speaker laid before the Senate the annual report of the Treasurer.

[For this report—see Appendix.']

' Ordered, That the said report be referred to the committee of Finance,
and that the Public Printer print 150 copies thereof for the use of the Gen¬
eral Assembly.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red a bill from the House of Representatives, entitled, an act to amend the
charter of the city of Covington, reported the same with an amendment—
which was concurred in.

Ordered, That the said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill, as amended, do pass, and that the title thereof
be as aforesaid.

The following bills were reported, viz:

By Mr. Guthrie, from the committee on the Judiciary—1. A bill to pro¬
hibit unlawful dealing by corporations, and the bettei to pxotect the cur¬
rency.

2. A bill giving the officers, and crew, and mechanics, and others, a lien
on steamboats.

3. A bill for the benefit of the estate of David Campbell.

By Mr. Willis, from the committee of Propositions and Grievances—4,
A bill for the benefit of Matthew Reid, and the representatives of Samuel
M. Smith, deceased.

5. A bill allowing an additional Justice of the Peace to the county of
Caldwell.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being dis¬
pensed with, the 1st, 2d, and 3d were referred to the committee on the Ju¬
diciary; the 4th to the committee on Finance; and the 5th was ordered to
be engrossed and read a third time.

Ordered, That the Public Printer print 150 copies of the first and second
bills for the use of the General Assembly.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
the following bills, viz:

A bill to change the January term of the General Court:

A bill to amend the law incorporating the town of Bardstown, reported
the same with an amendment to each—which was concurred in.

Ordered, That the said bills be engrossed and read a third time.

r)7Ti/<

JOURNAL OF THE SENATE,

Leave was given to bring in the following bills, viz:

On the motion of Mr. Willis—1. A bill to amend the laws in relation to
the mode of summoning and paying Jurors.

On the motion of Mr. James—2. A bill to establish the town oi Love-
laceville, in the county of McCracken.

On the motion of Mr. Clarke—3. A bill to amend the charter of the town

of Nicholas ville.

On the motion of Mr. Roberts—4. A bill to amend the execution laws.

On the motion of Mr. De Courcy-—5. A bill to amend the law legulating
and establishing Common Schools in this Commonwealth.

The committee on the Judiciary was directed to prepare and bring in the
1st; the committee on Education the 5th; Messrs. James, Weller and J. V,
Walker were appointed a committee to prepare and bring in the 2d; Messrs,
Clarke, Wingate and Wallace the 3d; and Messrs. Roberts, Guthrie and
Ballinger the 4th.

A message, in writing, received from the Governor on the 6th instant,
was taken up and read as follows, viz:

Executive Department, )
December 6th, 1S3S. \

Gentlemen of the Senate:

Since the adjournment of the Legislature in February last, the following
officers have been commissioned until the end of your present session. 1
therefore nominate them for your advice and consent, to be commissioned
for the offices respectively annexed to their names, viz:

Ambrose W. Dudley, to be Quarter Master General, in place of John
Woods, deceased.

William Olds, to be Major General of the 5th Division, in place of James
McConnell, resigned.

Robert Doak, to be Brigadier General of the 2d Brigade, in place of George
Boswell, deceased.

George W. Darnaby, to be Brigadier General, of the 5th Brigade, in
place of William Olds, if promoted.

Jacob Newkirk, to be Brigadier General of the 29th Brigade, in place of
J. H. Hobbs, removed.

Isaiah Miller, to be Colonel of the 3d regiment, in place of William Mor¬
gan, deceased.

James Miller, to be Lieutenant Colonel of the 3d Regiment, in place of
W. Dunavon, refused.

Jacob B. Hayden, to be Major of the 3d Regiment, in place of James
Miller, if promoted.

John E. Wright, to be Lieutenant Colonel of the 6th Regiment, in place
of Robert Miller, resigned.

Stephen H. Slaughter, to be Major of the 6th Regiment, in place of John
E. Wright, if promoted.

William Hill, to be Major of the 7th Regiment, in place of Thomas W.
Sampson, removed.

8 .

t>E0. 80 JOURNAL OF THE SENATE. 31

Neal McCann, to be Colonel of the 8th Regiment, in place of George W.

. to Darnaby, if promoted.

Larkin Webster, to be Lieutenant Colonel of the 8th Regiment, in place
of' Neal McCann, if promoted.

ve " .'ARobertC. Rogers, to be Major of the Sth Regiment, in place of Larkin
Webster, if promoted.

wn *• BBviorton. Zimmerman, to be Major of the 9th Regiment, in place of David
Campbell, refused.

Zachariah White, to be Colonel of the 11th Regiment, in place of W.
Wooldridge, resigned.

in § Benjamin Wickersham, to be Lieutenant Colonel of the 11th Regiment,
in place of Zachariah White, if promoted.

the . Samuel C. Scott, to be Major of the 11th Regiment, in place of Ben-

y jamin Wickersham, if promoted.

Thomas R. Stockdale, to be Lieutenant Colonel of the 12th Regiment, in

srs '‘■S’' i o *

place of S. B. McKinney, resigned.

Joel T. Strickler, to be Major of the 12th Regiment, in place of T. R.
Stockdale, if promoted.

mt, William H. Hamilton, to be Colonel of the 13th Regiment.

Preston Eads, to be Lieutenant Colonel of the 13th Regiment.

Archer S. Waugh, to be Major of the 13th Regiment.

Alexander Lile, to be Colonel of the 16 th Regiment, in place of Charles
B. Gunn, refused.

William G. Kean, to be Lieutenant Colonel of the 16th Regiment, in
place of A. Lile, if promoted.

big William Hutcherson, to be Major of the 16th Regiment, in place of Win.

I G. Kean, if promoted.

ned William A. Gorham, to be Lieutenant Colonel of the 22d Regiment, in
place of John P. Conway, resigned.

aha Fielding Tracy, to be Major of the 22d Regiment, in place of William A.
Gorham, if promoted.

mes Thomas H. Drane, to be Colonel of the 23d Regiment, in place of James
Henderson, resigned.

•rge John D. Coffman, to be lieutenant Colonel of the 23d Regiment, in place
of Thomas PI. Drane, if promoted.

, in Alexander Campbell, to be Major of the 23d Regiment, in place of John
D. Coffman, if promoted.

e of William Hughes, to be Colonel of the 24th Regiment, in place of Richard
Miles, resigned.

lor- Angereau Franklin, to be Lieutenant Colonel of the 24th Regiment, in
place of E. Hill, resigned.

e of George W. Hardin, to be Major of the 24th Regiment, in place of D.
Flamray, resigned.

mes . George S. Whips, to be Colonel of the 33d Regiment, in place of Jacob
Newkirk, if promoted.

lace Thomas J. Young, to be Lieutenant Colonel of the 33d Regiment, in
place of George S. Whips, if promoted.

ohn Stephen Ormsby, Jr., to be Major of the 33d Regiment, in place of John
W. Williamson, resigned.

W, James F. Runyon, to be Major of the 35th Regiment, in place of Madison
Todd, resigned.

JOURNAL OF THE SENATE.

[Dec. 81

Richard D. Waters, to be Lieutenant Colonel of the 37th Regiment, in

place of Ben. C. Simpson, deceased. 0 . , ,

Daniel Nowland, to be Major of the 37th Regiment; in place ol Richard

D. Waters, if promoted. „ , , .,, ^ •

Presley N. O. Thompson, to be Lieutenant Colonel of the 39th Regiment,

in place of David Myers, resigned. t> at n

Thomas Fruit, to be Major of the 39th Regiment, in place of P. N. 0. i

,T MoKy be Colonel of the 40th Regiment, in place of Wit.

^Samuel F. Vaught, to be Lieutenant Colonel of the 40th Regiment, in

place of Mosley P. Wells, it promoted. r q Ra

Peter Johnson, to be Major of the 40th Regiment, in place of S. S. Ba-

k °ThomSa Randall, to be Major of the 42dRegiment, in place of Lorenzo

^ Charles Murnan, to be Lieutenant Colonel of the 4Sth Regiment, in place

of John Colvin, removed. „ „ . . , r nu ^

William Rardin, to be Major of the 4Sth Regiment, in place oi Charles

M Ashford Woodward, to be Major of the 49th Regiment, in plrce of Uzal

John Squires, to be Colonel of the 51st Regiment, in place of W ilham

F °jln W. Williams, to be Lieutenant Colonel of the 51st Regiment, inf

rilace of H. W. Johnson. . . r -p, .

P Isham Bolin, to be Colonel of the 52d Regiment, in place of Enoch

Y Jolin Popplerrell, to be Lieutenant Colonel of the 52d Regiment, in place

of William Winfrey, resigned. . , T , -n r

Burton Blair, to be Major of the 52d Regiment, in place of Isham Bolin,

Charles C. Lockett, to be Lieutenant Colonel, of the 55th Regiment,* in

place of John Hays, tesigned. . . . . .

1 Bryant Nichols, to be Major of the 55th Regiment, m place of William

B. Greer, resigned. , „ , , t. • * • , <

John Cofferf to be Lieutenant Colonel of the 60th Regiment, m place of

A. K. Sturgeon, resigned. ■ . , _

Thomas Price, to be Major of the 60th Regiment, in place of John Cofler,

lf DaHd ILDugan, to be Major of the 62d Regiment, in place of Harrison
Yew ell, resigned.

John Spilman, to be Lieutenant Colonel of the 64th Regiment, in place
of William Waggle, resigned. |

James Siddons, to be Major of the 64 th Regiment, in place of John fepil-
man, if promoted.

Richard H. Botts, to be Major of the 67th Regiment, in place of D. Mer¬
rick, promoted. , . ... ,

Silas M. Berry, to be Colonel of the 77th Regiment, in place of Allred

J. Hall, deceased.

8. Dec. 8.] JOURNAL OF THE SENATE. S3

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W. W. Jacobs, to be Lieutenant Colonel of the 77th Regiment, in place
of S. M. Berry, if promoted.

BShelby Waters, to be Colonel of the 78th Regiment, in place of John G.
Boyd, resigned.

■ John Henderson, to be Lieutenant Colonel, of the 7Sth Regiment, in place
of Shelby Waters, if promoted.

jS G. B. Kelly, to be Major of the 78th Regiment, in place of John Hen¬
derson, if promoted.

(f ; Armstead Long, to be Colonel of the 83d Regiment, in place of French
S.r Gray, removed.

, Walter Barron, to be Lieutenant Colonel of the 83 Regiment, in place
of J. W. Hedges, refused.

■G eorge W. Whitecotton, to be Major of the S3d Regiment.

"^Isaac Houseworth, to be Colonel of the 85th Regiment, in place of Robert
Doak, if promoted.

John Frazier, to be Lieutenant Colonel of the 85tli Regiment, in place of
Isaac Houseworth, if promoted.

Peter Courtney, to be Major of the 85th Regiment, in place of John Fra¬
zier, if promoted.

John B. Bell, to be Lieutenant Colonel of the 92d Regiment, in place of
R. C. McBraygr, resigned.

David Blackwell, to be Major of the 92d Regiment, in place of Samuel
Birge, refused.

John T. Friend, to be Lieutenant Colonel of the 98th Regiment, in place
of John Clark, resigned.

John G. Hatcher, to be Major of the 9Sth Regiment, in place of John .T
Fripnd, if promoted.

Robert B. Buckner, to be Major of the 99th Regiment, in place of Jacob
D. Saltsman, promoted.

H. M. Clark, to be Major of the 107th Regiment, in place of John M.
Clark, removed.

Samuel B. Kingkead, to be Colonel of the 114th Regiment.

Lewis C. Roberts, to be Lieutenant Colonel of the 114th Regiment.
Andrew Mers, to be Major of the 114th Regiment.

Henry W. Johnston, to be Colonel of the 117th Regiment, in place of
Jobn.Fibble.

William G. Pearce, to be Lieutenant Colonel of the 117th Regiment, in
place of J. N. Carson.

Burr PI. May, to be Major of the 117th Regiment in place of William
G. Pearce, if promoted.

James Payne, to be Colonel of the 121st Regiment, in place of Benjamin
Tuggle, resigned.

William Trosper, to be Lieutenant Colonel of the 121st Regiment, in
place of James Payne, if promoted.

Patrick PI. Pope, to be Colonel of the 122d Regiment, in place of Wm.
McCauley, resigned.

Alexander P. Churchill, to be Lieutenant Colonel of the 122d Regiment,
in place of James Densford.

John Shadburn, to be Major of the 122d Regiment, in place of Alex¬
ander P. Churchill, if promoted.

JOURNAL OF THE SENATE.

[Dec. 8.

Phillip Engle, to be Major of the 121st Regiment, in place of William
T William B. Jenkins, to be Colonel of the 125th Regiment, in place oi
D C aZ;KStant Colonel of the 125th Regiment, in place
° f Andrmv' 1 Slaid^to bc RIajor'of the 125th Regiment, in place of Isaac
Gl John Walker,°*to be Colonel of the 126th Regiment, in place of C. F.
BU G t °S. r CafdwHl,to be Lieutenant Colonel of the 126th Regiment, in place

of John Walker, if promoted. _ .

James Bowling, to be Major of the 126th Regiment.

John C. A. Strange, to be Colonel of the 130th Regiment, in place o

Ja philUp Winfrey fto be Lieutenant Colonel of the 130th Regiment, in place

° f jOTeplWVinfrey^Jo^be* Lusptenan t" Colonel of the 130th Regiment, in

Pl W.°F. J Doddsf to b^Coloncfof the 131st Regiment, in place of William

B John'Albiton, to be Lieutenant Colonel of the 131st Regiment, in place

of William Brewer, if promoted. fW n

James Brandon, to be Major of the 131st Regiment, in place of W. F.

Dodds, if promoted. JAS . q LARK

Resolved, That the Senate advise and consent to the said appointments.
A message, in writing, received from the Governor on the 6th instant, was
taken up and read as follows, viz:

Executive Department, )
December 6th, 1S3S. j

Gentlemen of the Senate:

Since the adjournment of the Legislature in February last, the folwlo-
ing officers have been commissioned until the end ol your present session.
I therefore nominate them for your advise and consent, to be commissioned
for the offices respectively annexed to their names, viz:

Samuel Lusk, to be Judge of the 9th Judicial District, in place of John

^OwenG. Cates, to be Attorney General, in place of Charles S. Morehead,

resigned

Richard A. Buckner, Jr., to be Commonwealth’s Attorney in the 3d Ju¬
dicial District, in place of Richard Pindell, resigned.

George Blackburn Kinkead, to be Commonwealth’s Attorney in the 4th
JudiciafDistrict, in place of Martin D. McHenry, resigned.

Edward J. Bullock, to be Commonwealth’s Attorney in the 12th Judicial
District, in place of Samuel Lusk, resigned.

William M. Todd, to be Police Judge of the town of South rrankiort,
in place of George Graham, resigned.

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Dec. 8.]

JOURNAL OF TI-IE SENATE.

John M. Bacon, to be Police Judge of the town of Frankfort, in place of
John Woods, deceased.

Greenberry A. Gaither, to be Police Judge of the town of Bardstown, in
place of Charles Nourse, resigned.

iff Jacob Kellar, to be Police Judge of the town of Harrodsburg, in place of
Samuel Daviess, resigned.

Benjamin F. Dickey, to be Sheriff of Barren county, in place of Wni.
B. Cook, deceased.

Richard C. Jett, to be Sheriff of Daviess county, in place of Elijah Mc-
Creery, deceased.

William Curd, to be Sheriff of Logan county, in place of John Curd, de-
cGflsecl.

■ William Ernst, to be Notary Public of Campbell county.

William B. Allen, lo be Notary Public of Green county, in place of John
Barret, resigned.

John C. Richards, to be Notary Public of Gallatin county, in place of
Thomas L. Butler, who resides in Carroll county.

George Wallingford Clark, to be Notary Public of Jefferson county.

' Jesse Chrisler, to be Notary Public of Jefferson county, in place of O.
M. Parker, deceased.

John Bronaugh, to be Notary Public of Mason county. *

William M. Mcllvain, to be Notary Public of Mason county.

Gabriel Rice, to be Notary Public of Mercer county, in place of James
H. Letcher, removed.

% JAS. CLARK.

The Senate went into secret session on the nomination of Samuel Lusk,
to be Judge of the ninth Judical District.

Resolved, That the Senate advise and consent to the said appointment.

The doors were opened, and the injunction of secrecy removed.

Resolved, That the Senate advise and consent to the appointment of the
other persons as nominated in the said message, except to that of William
M. Todd, to be Police Judge of South Frankfort, which was referred to the
committee on the Judiciary.

An engrossed bill, entilled, an act for the benefit of John W. Simpson, was
read the third time.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

" And then the Senate adjourned.

JOURNAL OF THE SENATE.

[Dec. 10.

MONDAY, DECEMBER 10, 1S3S.

Mr. Robert Wicklifl’e, a member of the Senate from the thirty thiul
Senatorial District, appeared, produced a certificate of his election, and hav¬
ing taking the several oaths required by the Constitution of the United
States, and the Constitution and laws of this State, took his seat.

Mr. Barlow presented the petition of Lewis G. Logan, praying lor a di¬
vorce from his wife, Nancy Logan.

Mr. Beatty presented the petition of the President and Directors of the
Maysville,' Washington, Paris and Lexington Turnpike Road Company,
praying that the charter of said company may be amended.

Which petitions were received; the first was referred to the committee
on Religion, and the second to the committee of Internal Improvement.

Mr. Guthrie, from the committee on the Judiciary, to whom was leler-
red a bill from the House of Representatives, entitled, an act changing the
names of Mary Ann Sellers, and Mary E. Sellers—reported the same -with¬
out amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Guthrie, from the same committee, to whom was referred a bill loi
the benefit of the estate of David Campbell, reported the same with an
amendment—■which was concurred, in.

Ordered , That the said bill be engrossed and read a third time.

On the motion of Mr. De Courcy, the vote was reconsidered by which
was passed a bill from the House of Representatives, entitled, an act to
amend the charter of the city of Covington; and the said bill was re-com¬
mitted to the committee on the Judiciary.

On the motion of Mr. Barlow,

Resolved, That the committee on Finance be instructed to inquire into
the expediency and propriety of passing a law to exempt aged white tithea-
bles from the payment of county levy tax; and that they be required to re¬
port by bill or otherwise.

An engrossed bill, entitled, an act to amend the law incorporating the
town of Bardstown, was read the third time.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

JOURNAL OF THE SENATE.

Dec. 10.]

/' Engrossed bills of theffollowing titles, viz:

An act to change the January term of the General Court:

An act allowing an additional Justice of the Peace to the county of Cald¬
well were each read the third time; the first was referred to the committee
on the Judicary, and the second to the committee of Propositions and Griev-

, ances.

A message was received from the House of Representatives, announcing
I that they had passed bills of the following titles, viz:

1 An act for the benefit of the Sheriff of Garrard county.

2. An act for the benefit of C. Jett, the Sheriff of Daviess county, and

the Sheriff of Hopkins county.

3. An act for the benefit of the Trustees of the jury fund in this Com-

10 monwealth, and for other purposes.

y> 4. An act for the benefit of John L. Cole, of Barren county.

5. An act to allow an additional Constable to the county of Caldwell.

6. An act for the benefit of Eliza Hancock.

7. An act to legalize certain entries and surveys, made near the Morgan

>r- and Floyd county line.

he Which bills were severally read the first time, and ordered to be read a
■h- second time.

The constitutional rule as to the second reading, being dispensed with,
they were referred; the 1st, 2d, and 3d to the committee of Finance; the
4th, 5th and 6th to the committee of Propositions and Grievances; and the
Le ’ 7th to the committee on the Judiciary.

On the motion of Mr. Ballinger, the rule of the Senate limiting the num-
f° r 2 her of the members of the committee oi Internal Improvement to five, was
^ suspended, and Mr. WIcklifie was added to the said committee.

On the motion of Mr. Murrel, leave was given to bring in a bill to fix the
time of holding the elections for a President and Managers of the Glasgow
_ and Scottsville turnpike road; and Messrs. Murrell, Barlow and Ford, were
t0 1!. appointed a committee to prepare and bring in the same.

>m ’ And then the Senate adjourned.

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[Dec. 11,

TUESDAY, DECEMBER 11, 1838.

The Speaker laid before the Senate the following communication from
the Secretary of State, viz:

Executive Department, j
Fankfort, December 1(M, 1838. \

To the Hon. Charles A. Wickliffe,

Speaker of the Senate:

Sir— Enclosed, you will receive the monthly statements of the resources
and liabilities of the Bank of Kentucky, the Northern Bank of Kentucky
the Bank of Louisville, and the Louisville Savings Institution, so far as each
have reported to this office—please lay them before the Senate.

Respectfully >

J. M. BULLOCK,
Secretary of State.

Ordered, That the said reports be referred to the joint committee on

The Speaker laid before the Senate the following letter from the Secretary
of State, viz:

Executive Department, j
Frankfort, December 1<M, 1838. j

To the Hon. Charles A. Wickliffe,

Speaker of the Senate:

g m —Permit me, through you, to lay before the Senate the returns that
have been made to this office, of the names of all those entitled to vote for
representatives who have voted for calling a Convention at the late August
election, under and by virtue of an act, entitled, “an act to take the sense
of the good people of this Commonwealth, as to the expediency and ^ pro¬
priety of calling a Convention to revise the Constitution ol this State, ap¬
proved December 21st, 183 7.

Respectfully,

J. M. BULLOCK,
Secretary of State.

Ordered, That the said returns be referred to the committee of Privileges
and Elections.

1. Mr. Wickliffe presented the petition of Roger Quarles, and Stock¬
holders in the Lexington and Georgetown Turnpike Road Company, pray¬
ing for the passage of a law authorizing another turnpike gate on said road.

2. Mr. Jasper presented the petition of Hiram Phillips, praying for the

Dec. 11.] JOURNAL OF THE SENATE. 39

passage of a law authorizing him to bring three slaves into this State for his
own use.

3 Mr. Jesup presented the petition of sundry citizens ot the counties of
Mercer and Lincoln, praying for the formation of a new county out ol paits
of said counties.

|§4. Mr. Pratt presented the petition of Joseph Allen, praying for the pas¬
sage of a law authorizing the sale ol a tract ot land in Scott county, ol
which Guthrie Morris died seized, for the purpose of indemnifying him for
advances'and liabilities as the administrator of said Morris.

5. Mr. Davidson presented the petition ol AJ. A. Stemmons, administra¬
tor of the estate of Lucy Hiatt, deceased, praying for the passage of a law
authorizing the sale of a tract of land in Lincoln county, according to the
provisions of the noncupative will of the said Lucy.

6. Air. Ford presented the petition of Elizabeth Merrit, praying for a
divorce from her husband, John Merrit.

Which petitions were received and referred; the 1st to the committee of
Internal Improvement; the 2d and 3d to the committee of Propositions and
Grievances ; the 4th and 5th to the committee on the Judicial y ; and the
6 til to the committee on Religion.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
a bill from the House of Representatives, entitled, an act to legalize certain
entries and surveys made near the Morgan and Floyd county line, reported
the same with the opinion that it ought not to pass.

The question being taken on reading the said bill a third time, it was de¬
cided in the negative, and so the said bill was disagreed to.

Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred bills from the House of Representatives of the following titles,
viz:

An act to change the names of Alary Ann Brumley and Abigial Ann
Brumley:

An act for the benefit of John L. Cole, of Barren county:

An act for the benefit of Eliza Hancock—reported the same without
amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Mr. Willis, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to allow an additional Justice
of the Peace to the county of Logan, reported the same with an amend¬
ment—which was concurred in.

Ordered, That the said bill be read a third time, as amended.

40 JOURNAL OF THE SENATE. [Dec. 11,

Mr. Willis, from the same committee, to whom was referred hills from
the House of Representatives of the following titles, Hz .

An act allowing two additional Justices of tire Peace and one Constable
to the county of Whitley, and two additional Justices to Madison county:
An act allowing an additional Constable to the counties of Clinton and

A An act allowing an additional Constable to the county of Caldwell—re. :

ported the same without amendment.

Ordered, That the said bills be laid on the table.

Mr. Willis, from the same committee, to whom was referred a bill en-
titled, an act allowing an additional Justice ot the Peace to the county ol
Caldwell, reported the same without amendment.

Ordered, That the said bill be laid on the table.

Mr. Huston, from the committee of Privileges and Elections, to whom
was referred a bill from the House of Representatives, entitled, an act to
change the place of voting in the Mulliken precinct, in Fleming county, re-

ported the same without amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That the said bill do pass, and that the title thereof be as afore.

said. _ .

Mr. Huston, from the same committee, to whom was referred the pe¬
tition of sundry citizens of Butler county, praying for the establishment of'
an election precinct in said county, reported the following resolution there¬
on, viz:

Resolved, That the said petition be rejected—which was concurred in.
Mr. Wingate, from the committee of Religion, to whom was referred the
petition of Joseph Poulson, praying for a divorce from his wife, reported
the following resolution thereon, viz:

Resolved, That the said petition be rejected— which was concurred in.

The following bills were reported, viz:

By Mr. Huston, from the committee of Privileges and elections—1. k
bill to change the place of voting in the Renear precinct, in Butler county.

By Mr. Wingate, from the committee of Religion—2. A bill lor the bene¬
fit of Lucy Jacobs.

3. A bill for the benefit of Enoch Stephens.

By Mr. Murrell, from a select committee—4. A bill to authorize elec¬
tions to be held in the Glasgow and Scottville turnpike road.

By Mr. Johnston, from a select committee—5. A bill to amend the law
incorporating the town of Simpsonsville, in Shelby county.

Which bills were severally read the first time, and ordered to be read a
second time.

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Due. 11.]

JOURNAL OF THE SENATE.

cue-

The constitutional rule as to the second reading being dispensed with,
they were ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of the fourth bill being dis¬
pensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Ford read and laid on the table the following resolutions, viz:

Resolved by the Senate and House of Representatives of the Common¬
wealth of Kentucky, That our Senators in Congress be instructed, and our
Representatives be requested to use their exertions to procure an Armory,
to be erected by the General Government, at some suitable point in Ken¬
tucky.

Resolved further. That the Governor of this State be requested to furnish
copies of this resolution to each of our Senators and Representatives in Con¬
gress.

Mr. Beatty read and laid on the table the following resolutions, viz:

Whereas, the preservation of the National Union is of great and vital
importance to the well being, prosperity and happiness of the people of the
United States; and nothing can tend more to preserve and perpetuate that
Union, than perfect comity and good feeling between neighboring States,
and their respective citizens: and, whereas, experience has shown, that,
without the concurring legislation of our sister States, bordering on the
north side of the Ohio river, our laws, inflicting punishment for enticing
slaves to leave their lawful owners or possessors, and to escape to parts with¬
out the limits of this State; and inflicting punishment for aiding, assisting
or concealing such slaves, after they shall have escaped, cannot be eilectually
enforced, because evil disposed persons, availing themselves of then lesi-
dence within the jurisdiction of another State, can, with almost peifect im¬
punity, entice away the slaves of our citizens, or aid, assist and conceal them,
after they have reached the borders of another State, without rendeimg
themselves amenable to our laws: and, whereas, this Legislatuie has full
confidence in the justice, good feeling and comity of the Legislatuies ol our
sister States, bordering on the Ohio river, and are fully persuaded that they
will be disposed to provide all needful enactments to prevent evil disposed
persons who may shelter themselves within their jurisdiction from violating
the penal enactments of this State, or in any manner aiding or assisting the
slaves of our citizens in making their escape, after they shall have reached
the borders of said State—therefore,

Be it resolved by the Senate and House of Representatives of the Com¬
monwealth of Kentucky, That the Governor be, and he is hereby, authonz-
ed, by and with the advise and consent of the Senate, to nominate and ap-
point Commissioners to proceed forthwith to the seat of govern¬

ment of the State of Ohio, to make such representations to the Governor and
Legislature of that State, in relation to the subject of these resolutions, as
mavfee authorized by the tenor thereof, and by the instructions to be given
by the Governor of this Commonwealth. And that they especially be di-
rected respectfully to solicit the passage of an act to. prevent evil disposed
persons, residing within the jurisdictional limits of Ohio, from enticing away

HBMMnRHMWK

JOURNAL OF THE SENATE.

[Dec. IT

t |,e slaves of citizens of Kmttdy. °aS“iso!”o '

them, after they shall have ieaci efficient and certain means for

aulUomcd^^ resolvfi ' That „ ie Governor, by and with the ai»io= “' J
consent if the Senate, be authorized to ““ v oS ° ent 0 f the State

l°he P lTke e p 4 n^ses W as expressed™ the preceding resolution.

„ , , , 7 ,, , T , t n, p Governor be requested to furnish each

set of'cmnmissioncrs with a copy of these resolutions,

entitled, “an act to amend the law i^rStioi as 1

poses,” approved January 2S 1M0, and ™ - f authority , ad .

missioned. .

TiPnve was given to bring in the following bills, viz:

On the motion of Mr. Rice—1. A bill for the benefit of James Bartley,

Sheriff of Greenup county. ,

On the motion of Mr. C. J. Walker-2. A bill to amend the law regula-

tin- the duties of the Clerks of the Circuit Courts. . . -

The committee of Finance was directed to prepare and bring in the fust,

and Messrs. C. J. Walker, Ballinger and Rice were appointed a committee

to prepare and bring in the second.

Leave of absence was given to Mr. Nuttall until Monday next.

On the motion of Mr. Wickliffe, ...

Resolved, That the committee on Finance be instructed to inquire into
the expediency of requiring Sheriffs, and other collecting officers of the re¬
venue to settle and adjust all sums due from them to the Treasury, on or
before the r first day of November, in every year, or at some other day earlier
than they are now required to do by law.

Resolved, That the said committee do further inquire into the propriety
of providing by law, for the more uniform enforcement of the laws raising
revenue in this Commonwealth, and report by bill or otherwise.

An engrossed bill, entitled, an act for the benefit of the estate of David

Campbell, was read the third time.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

A message was received from the House of Representatives, announcing,
the passage of bills of the following titles, viz.

1 An act for the benefit of the Sheriffs of Logan and Simpson counties.

2. An act for the benefit of James L. Todd, a lunatic.

3. An act for the benefit of Nancy L. McCulloch.

4. An act to change the name of James Babcock.

5. An act for the benefit of James Henson and George W. McLeod.

Dec. 12.]

JOURNAL OF THE SENATE.

6 An act to change the place of voting in the Quicksand and Crawford
precincts, in Estill county, and Dennis precinct, in Washington county,
and to establish an election precinct in Pulaski county.

■' 7. An act to allow an additional Constable to the county of Ilaidin.

8. An act for the benefit of the Sheriff of Lincoln county.

9. An act allowing an additional Constable to the county of Marion.
Which bills were' severally read the first time, and ordered to be read a

second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, they were referred; the 1st, 2d and 8th to the committee
of Finance; the 3d to the committee of Religion; the 4th, 7th and th
to the committee of Propositions and Grievances; the 5th to the committee
of Internal Improvement; and the 6th to the committee of Privileges and
Elections.

And then the Senate adjourned.

WEDNESDAY, DECEMBER 12, 1838.

The Speaker laid before the Senate the following communications fiom
the Chairman, and a committee of the Board of Irustees ol Transylvania
University.

[.For this report—see Appendix.']

Which communications were referred to the committee on Education.

1. Mr. J. S. Morgan presented the petition of Joseph Shropshire, pray¬
ing for a divorce from his wife, Doleas Shropshire.

2. Also, the petition of Samuel Smedley, praying to be restored to th®
rights and privileges of an unmarried man, his wife having obtained a di¬
vorce.

3. Mr. Guthrie presented the petition of sundry citizens of Hardin county,
praying that steps may be taken to displace the individual who claims to be
their representative in the Senate.

4. Mr. Wickliffe presented the remonstrance of sundry citizens of Fay¬
ette county, against permitting another turnpike gate on the road from Lex¬
ington to Georgetown.

Which were received and referred; the 1st and 2d to the committee of
Religion; the 3d to the committee of Privileges and Elections; and the 4th
to the committee of Internal Improvement.

Siiy'

■

44 JOURNAL OF THE SENATE- [Dec. 12.

On the motion of Mr. Watkins, leave was given to bring in a bill for the
benefit of the heirs of Henry White, deceased; and the committee on the
Judiciary was directed to prepare and bring in the same.

A message was received from the House of Representatives, announcing
the passage of bills of the following titles, viz:

An act to complete the State road from Mountsterling, by way of Pres-

tonsburg, to the Virginia line.

An act authorizing the Register to issue a patent in the name of Barna¬
bas Wing.

An act for the benefit of John Black.

An act for the benefit of Thomas Hite.

An act for the benefit of James M. Hanson.

An act for the benefit of George Knox.

An act for the benefit of the heirs and representatives of Thomas Jasper,
deceased.

An act for the benefit of Maria Waller, an idiot.

An act to change the name of Josiah Cusick, Margarette Cusick and
Samuel Cusick.

An act for the benefit of Jeremiah K. Sullivan.

An act for the benefit of \. illiam Grass.

An act to legalize the proceedings of the 74th Regiment of Kentucky
Militia, and for other purposes.

An act allowing an additional Justice of the Peace to Butler county.

An act to amend an act, entitled, an act to establish the town of Peters¬
burg, in Boone county, approved January 17, ISIS.

An act to locate and establish a road from the mouth of Laurel, to Daniel
Bate’s furnace in Clay county.

An act providing for a change of venue in a prosecution for felony against
Joel (alias) Joseph Turnham, Jr.

The last named bill was read the first time and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with,
the said bill was referred to the committee on the Judiciary.

Mr. Guthrie from the committee on the Judiciary, to whom was referred
a bill to regulate the administration and settlement of estates, reported the
same with amendments—which were concurred in, and the said bill was

Mr. Guthrie, from the same committee, to whom was referred a bill to
:peal the law prohibiting the importation of slaves into this State, appror-

repeal the law proniDiung ine lmporiauuuui aiavca unu iuu
ed February 2d, 1S33, reported the same with an amendment—which was
concurred in.

JOURNAL OF THE SENATE.

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Dec. 12.]

The question being taken on engrossing and reading the said bill a third
time, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. J. S. Morgan and
Jesup, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,
Bradshaw,
Burnett,
Dixon,
Ford,
Hanson,

Jasper,

Jesup,

Murrell,

Pitts,

Roberts,

Schooling,

Watkins,

Weller,

Wickliffe,

Willis,

Young, S.—17.

Those who voted in the negative were—

Messrs. Ballinger,

: Beatty,
Clarke,
Davidson,
De Courcy,

Guthrie,
Huston,
Johnston,
Morgan, J. S.
Pratt,

Rice,

Walker, C. J.
Walker, J. Y.
Wallace,
Wingate—15.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to amend the charter of the
city of Covington—reported the same without further amendment.

Ordered, That the said bill be again read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,
Resolved, That the said bill, as amended, do pass, and that the title thereof

be as aforesaid.

Mr. Guthrie, from the same committee, to whom was referred the nomi¬
nation of William M. Todd, to be Police Judge of the town of South Frank¬
fort—reported that the said Todd does not reside in the said town. The
said nomination was laid on the table.

Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred bills from the House of Representatives of the following titles,
viz:

An act to change the name of James Babcock:

An act to allow an additional Constable to the county of Hardin:

An act allowing an additional Constable to the county of Marion—re¬
ported the same without amendment.

Ordered, That the said bills be read a third: dime.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Mr. Huston, from the committee of Privileges and Elections, to whom
was referred a bill from the House of Representatives, entitled, an act to
change the place of voting in the Quicksand and Crawford precincts, in Es-

JOURNAL OF THE SENATE.

)ec. 12

till county, and Dennis precinct, in Washington county, and to establish
an election precinct in Pulaski county—reported the same without amend¬
ment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore-
said.

Mr. Hanson, from the committee of Finance, to whom was referred bills j
from the House of Representatives of the following titles, viz:

An act for the benefit of the Sheriffs of Logan and Simpson counties :

An act for the benefit of the Sheriff of Garrard county:

An act for the benefit of the Sheriff of Lincoln county, reported the same
with an amendment to the first bill—which was disagreed to.

Ordered, That the said bills be read a third time.

The constitutional rule having been dsspensed with,

Resolved, That the said bills do pass, and that the titles thereof be as afore- ;
said.

Mr. Hanson, from the same committee, to whom was referred a bill from j
the House of Representatives, entitled, an act for the benefit of Richard C.
Jett, the Sheriff of Daviess county, and the Sheriff of Hopkins county, re¬
ported the same with amendments—which were concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Hanson, from the same committee, to whom was referred a bill from j
the House of Representatives, entitled, an act for the benefit of James I,
Todd, a lunatic—reported the same without amendment.

Ordered, That the said bill be read a third time.

On the motion of Mr. Hanson, the committee of Finance was discharged
from the further consideration of a resolution requiring them to inquire into
the propriety of exempting poor white male titheables from the payment of
county levy tax; and the said resolution was laid on the table.

Mr. Hanson, from the committee of Finance, reported a bill for the benefit f
of James Bartley, Sheriff of Greenup county—which was read the first
time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of the said bill J
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. C. J. Walker, from the committee appointed for that purpose, re¬
ported a bill further regulating the duties of the Clerks of Circuit Courts,
which was read the first time and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with, the
said bill was referred to the committee on the Judiciary.

JOURNAL OP THE SENATE.

Dec. 12.]

The Senate resumed the consideration of the motion of Mr. Dixon for
leave to bring in a bill to repeal an act, entitled, an act to equalize taxation,
approved February 23d, 1S37.

'■ The question being taken on giving leave to bring in the said bill, it was
decided in the negative.

t The yeas and nays being required thereon by Messrs. Dixon and Willis,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Burnett,

Jasper,

Walker, C. J.

Dixon,

Jesup,

Walker, J. Y.

Ford,

Johnston,

Weller,

Huston,

Tomlinson,

Young, S.—13,

James,

Those who

voted in the negative were-

Messrs. Ballinger,

Guthrie,

Hanson,

Schooling,

Barlow,

Wallace,

Beatty,

Morgan, J. S.

Watkins,

Bradshaw,

Murrell,

Wickliffe,

Clarke,

Pitts,

Willis,

Davidson,

Pratt,

Wingate—20,

De Courcy,

Rice,

On the motion of Mr. Hanson,

' Resolved, That the Auditor of Public Accounts be, and he is hereby, re¬
quested to lay before the Senate his statement of the financial condition of
the Commonwealth, which, by law, he is required to report to the General
Assembly on the sixth day of each annual stated session.

Leave was given to bring in the following bills, viz:

■ On the motion of Mr. Wickliffe—1. A bill for the benefit of the Lunatic
Asylum.

On the motion of Mr. Weller—2. A bill for the relief of the Sheriff of
Caldwell county.

The committee of Internal Improvement was directed to prepare and
bring in the first, and the committee of Finance the second.

On the motion of Mr. Wickliffe,

Resolved, That the committee of Internal Improvement be instructed to
inquire into the propriety of providing more effectually, by law, against the
use of the public grounds for pasture, or the introduction of stock of any
kind whatever, upon them; and further, whether it is not necessary to erect
secure and proper buildings for the public offices, and report by bill or other¬
wise.

On the motion of Mr. Pitts,

Resolved, That the committee on Internal Improvement be instructed to
inquire into the expediency of putting under contract a lock and dam on
Muddy river.

JOURNAL OF THE SENATE.

[Dec. 12,

On the motion of Mr. Barlow,

Resolved, That the committee on the Judiciary be instructed to inquire
into the expediency and propriety of passing a law to authorize t le County ■
Courts in this Commonwealth, to appoint as many Constables as there are|
Justices of the Peace in their several counties, if they should deem it neces-B
sary, and that they report by bill or otherwise.

Engrossed bills of the following titles, x iz. _ _ .

An act to change the place of voting in the Renear precinct, in Butler

An act for the benefit of Lucy Jacobs—were each read the third time.

Resolved, That the said bills do pass, and that the titles thereof be
aforesaid.

An engrossed bill, entitled, an act for the benefit of Enoch Stephens, waJ
read the third time as follows, viz:

Be it enacted by the General Assembly of the Commonwealth of Kentucky ,,
That the marriage contract heretofore existing between Enoch Stephens
and Mary Stephens be, and the same is hereby, dissolved, so far as relate;
to the said Enoch Stephens.

The question being taken on the passage of the said bill, it was decide!
in the negative, and so the said bill was rejected.

The yeas and nays being required thereon by Messrs Wickhfle and Beatty;

were as follows, viz:

Those who voted in the affirmative were

Messrs. Barlow,
Bradshaw,
Burnett,

De Courcy,
Morgan, J. S.

Murrell,
Pratt—7.

Those who voted in the negative were—

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
Dixon,
Ford,
Guthrie,
Hanson,

Huston,

James,

Jesup,

Johnston,

Pitts,

Rice,
Schooling,
Walker, C.

Walker, J. V
Wallace,
Watkins,
Weller,
Wickliffe,
Willis,
Wingate,
Young, S.

•24.

And then the Senate adjourned.

Dec. 13.]

JOURNAL OF THE SENATE.-

THURSDAY, DECEMBER 13, 1S38.

’■jfMr. Huston presented the petition of Sarah Ann Brown, praying for a
divorce from her husband, George Brown—which was received and refer¬
red to the committee of Religion.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red a bill from the House of Representatives, entitled, an act providing for
a change of venue in the prosecution for felony against Joel (alias) Joseph
Turnham, Jr.—reported the same without amendment.

| Ordered, That the said bill be read a third time.

The Speaker laid before the Senate the following letter and report of the
Board of Internal Improvement, and the accompanying documents
[For this Report—see Appendix .]

Ordered , That the said report be referred to the committee of Internal
Improvement, and that the Public Printer print 300 copies thereof, and
such of the documents as the committee shall direct, for the use of the Gen¬
eral Assembly.

Mr. Wingate, from the committee of Religion, to whom was referred the
petitions of James P. Howard, Joseph Shropshire and Samuel Smedley,
praying for divorces—reported the following resolution thereon, viz:

Resolved, That the said petitions be rejected—-which was concurred in.

■ The following bills were reported, viz:

By Mr. Guthrie, from the committee on the Judiciary—1. A bill for the
benefit of the estate of Guthrie Morris.

2. A bill providing for a change of venue from the Greenup Circuit Court
to the Morgan Circuit Court, in the case of John C. Ball, and others.

3. A bill providing that certain legacies and devises shall not lapse.

By Mr. Willis, from the committee of Propositions and Grievances—4.
A bill for the benefit of Hiram Phillips.

By Mr. Ballinger, from the committee of Internal Improvement—5. A
bill to amend the charter of the Lexington and Georgetown Turnpike Road
Company.

6. A bill for the benefit of the Lunatic Asylum.

By Mr. Hanson, from the committee of Finance—7. A bill for the bene¬
fit of the Sheriffs of Owen and Butler counties.

8. A bill for the benefit of Edward McCoy and William Crabtree.

By Mr. Beatty, from the committee on Education—9. A bill prescribing
further duties to the Commissioners of the revenue.

JOURNAL OF THE SENATE.

Dec. 13.]

JOURNAL OF THE SENATE.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Barlow—1. A bill for the benefit of William But¬
ler Clerk of the Monroe County and Circuit Courts.

On the motion of Mr. Guthrie-2. A bill to incorporate the Louisville

Law Library Company. . . . ,

The committee of Finance was directed to prepare and bring in the 1st,

and the committee on Education the 2d.

On the motion of Mr. De Courcy, ...

Resolved, That the committee on Finance be instructed to inquire into
the cause of so many applications of Sheriffs of this Commonwealth for re¬
lief; and that they report by bill or otherwise.

i An engrossed bill, entitled, an act to amend the law incorporating the
town of Simpsonsville, in Shelby county, was read the third time.

: Resolved, That the said bill do pass, and that the title thereof be as afore-

said. . .

J ' An engrossed bill, entitled, an act to repeal the law prohibiting the im¬
portation of slaves into this State, approved February 2d, 1S33, was read

the third time. ...

§ The question being taken on the passage of the said bill, it was decided

in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and W atkins,
were as follows, viz:

Those who voted in the affirmative were-

Messrs. Barlow,
Bradshaw,
Burnett,
Dixon,
Ford,
Hanson,
James,

Jasper,

Jesup,

Murrell,

Pitts,

Boberts,

Schooling,

Tomlinson,

Walker, J. V.
Watkins,
Weller,
Wickliffe,
Willis,

Young, S.

- 20 .

Those who voted in the negative were—

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
De Courcy,

Guthrie,
Huston,
Johnston,
Morgan, J. S.
Pratt,

Rice,

Walker, C. J.
Wallace,
Wingate—14.

Resolved, That the title of the said bill be as aforesaid.

A message was received from the House of Representatives, announcing
that they had passed bills of the following titles, viz:

An act for the benefit of Anne Dix and Elizabeth Maria Dix.

An act vesting the Trustees of the towns of Lebanon and Springfield,
with power to cause certain streets of said towns to be McAdamized or
paved.

52 JOURNAL OF THE SENATE. [Dec. 14.

The Speaker laid before the Senate the following letter and report of the
Auditor of Public Accounts.

[For this Report—see Appendix.']

Ordered , That the said letter and report be referred to the committee on
Finance.

Bills from the House of Representatives of the following titles, viz:

1. An act to allow an additional Justice of the Peace to the county of
Logan:

2. An act for the benefit of R. C. Jett, the Sheriff of Daviess county, and
the Sheriff of Hopkins county—were each read the third time, as amended.

Resolved, That the said bills, as amended, do pass, and that the title of
the first be amended to read, an act to allow additional Justices of the Peace
and Constables, to certain counties, and that the title of the second, be as
aforesaid.

An engrossed bill, entitled, an act for the benefit of James L. Todd, a
lunatic, was read the third time, and referred to the committee on the Ju¬
diciary.

The joint resolutions, read and laid on the table by Mr. Ford on the 11th
instant, in relation to a public Armory, were taken up and adopted.

The joint resolutions respecting the enticing away the slaves of the citi¬
zens of Kentucky, by the citizens of other States, read and laid on the table
by Mr. Beatty on the 11th instant, were taken up and referred to the com¬
mittee on the Judiciary.

And then the Senate adjourned.

FRIDAY, DECEMBER 14, 1S38.

A message was received from the House of Representatives, announcing
that they have concurred in the amendment proposed by the Senate to a
bill from that House, entitled, an act to amend the charter of the city of
Covington.

That they had passed bills from the Senate of the following titles, viz:

An act to change the place of voting in the Renear precinct, in Butler
county.

An act to authorize elections to be held in the Glasgow and Scottvillc
turnpike road.

JOURNAL OF TI1E SENATE.

Dec. 14.]

An act for the benefit of James Bartley, Sheriff of Greenup county.

$ And that they had passed bills of the following titles, viz:

An act changing the place of voting in the Stephensport precinct, in
Breckinridge county.

An act in relation to the registration of mortgages and deeds of trust.

An act for the benefit of the Clerks of this Commonwealth.

An act to incorporate the Hopkinsville Female Academy.

An act to establish an additional election precinct in Ohio county.

An act for the benefit of the infant heirs of Henry Crittenden, deceased.

An act for the benefit of Henry G. A. Blankman.

An act to incorporate the Louisa Literary Society.

And that they had adopted a resolution giving the members of the Board
of Internal Improvement the use ot the books in the public Library.

Mr. Guthrie, from the committee on the Judiciary, who were instructed
to inquire into the propriety of passing a law to authorize the County Courts
to appoint as many Constables as there are Justices ol the peace in their
several counties, reported that the committee are of opinion that it is not
expedient to increase the number of Constables as proposed—which was
concurred in.

Mr. Guthrie, from the committee on the Judiciary, reported a bill to amend
an act to provide against compounding penal prosecutions, approved Feb¬
ruary 3d, 1S37, which was read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dsipensed with,
Ordered, That the said bill be engrossed and read a third time.

Mr. Guthrie, from the same committee, to whom was referred joint re¬
solutions respecting the enticing away the slaves of the citizens of this State,
by the citizens of other States, reported the same with amendments—which
were concurred in.

Mr. Dixon moved further to amend the said resolutions.

And then the Senate adjourned.

JOURNAL OF TIIE SENATE.

[Dec. 15.

SATURDAY, DECEMBER 15, 1S3S.

The Speaker laid before the Senate the following letter from the Secre-
tary of State, viz:

Executive Department,
Fankfort , December 14 th, 1S3S.

To the Hon. Charles A. Wickliffe,

Speaker of the Senate:

Sir—I nclosed I transmit the monthly statements of the Treasurer and
Auditor, so far as they have been reported to this oflice; please lay them',
before the Senate.

Respectfully,

J. M. BULLOCK,

Secretary of State.

Ordered , That the said statements be referred to the committee of Fi¬
nance.

A bill from the House of Representatives, entitled, an act foi the benefit
of the heirs of Henry Crittenden, deceased, was read the first time and or- .
dered to be read a second time.

The constitutional rule as to the second reading being dispensed with, f;
the said bill was referred to the committee on the Judiciary.

Leave was given to bring in the following bills, viz:

On the motion of Mr. S. Young—1. A bill for the benefit of Susan A.
Ray.

On the motion of Mr. Bradshaw—2. A bill for the benefit of John Rifle,'
late Sheriff of Casey county, and for other purposes.

The committee on the Judiciary was directed to prepare and bring in the
first, and Messrs. Bradshaw, Jasper and Barlow were appointed a commit |
tee to prepare and bring in the second.

Mr. Willis, read and laid on the table the following resolution, viz:

Resolved by the General Assembly of the Commonwealth of Kentucky,.
That when they adjourn on Saturday, the 22d day of this instant, they will I
adjourn to meet again on Tuesday, the 1st day of January, 1S39.

On the motion of Mr. Jesup,

Resolved, That the committee on Internal Improvement be instructed to
inquire into the expediency of improving the navigation of Pond river, by
putting under contract one lock and dam during the next year, and that
they report by bill or otherwise.

A message was received from the House of Representatives, announcing

Dec. 15.]

JOURNAL OF THE SENATE.

that they had concurred in the amendments proposed by the Senate to bills
from that House of the following titles, viz:

An act for the benefit of Richard C. Jett, the Sheriff of Daviess county,

and the Sheriff of Hopkins county.

An act to allow an additional Justice of the Peace to the county of Lo-

rran—with an amendment to the lattei bill.

That they have passed a bill from the Senate, entitled, an act to amend
the law incorporating the town of Simpsonsville, in Shelby county. And
adopted resolutions from the Senate in relation to a public Armory.

And that they have passed bills of the following titles, viz:

An act for the benefit of the Clerks and Sheriffs of this Commonwealth.

An act to change the place of voting in the Floydsburg precinct, in Old¬
ham county.

An act to have the line run and marked between the counties of Morgan
and Floyd.

An act for the benefit of William Kerchival.

An act to run and mark the line dividing the counties of Knox and Whit¬
ley-

The Speaker laid before the Senate the annual report of the Librarian,
containing a list of all the books and maps belonging to the State Libiarj ,
which was referred to the committee on the Library.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
a bill to regulate the administration and settlement of estates—reported the
same without amendment.

Ordered, That the said bill be referred to the committee of the whole
house on the state of the Commonwealth, and made the order of the day
for Tuesday next.

The Senate resumed the consideration of the joint resolutions respecting
the enticing away the slaves of the citizens of Kentucky, by the citizens of
other States. The said resolutions were amended to read as follows, viz:

persons who may shelter themselves within their jurisdiction from violating
the penal enactments of this State, or in any manner aiding or assisting the
slaves of our citizens in making their escape, after they shall have reached i
the borders of said State—therefore,

Be it resolved by the Senate and House of Representatives of the Com - • 1
monwealth of Kentucky, That two Commissioners be appointed by a joint vole: *
of the Senate and House of Representatives, to proceed forthwith to the seal !
of government of the State of Ohio, to make such representations to the Gov- J
ernor and Legislature of that State, in relation to the subject of these resolu- ;
tions, as may be authorized by the tenor thereof, and by the instructions to be
given by the Governor of this Commonwealth. And that they especially be j
directed respectfully to solicit the passage of an act to prevent evil disposed '
persons, residing within the jurisdictional limits of Ohio, from enticing away
the slaves of citizens of Kentucky, or aiding and assisting, or concealing
them, after they shall have reached the limits of that State. And, also, to 4 **
solicit the passage of an act providing more efficient and certain means for >■
recapturing and bringing away absconding slaves by their masters, or legally-
authorized agents.

Be it further resolved, That the Governor be requested to furnish said i
Commissioners with a copy of these resolutions, and of our statute, I
entitled, “an act to amend the law concerning slaves, and for other pur- ‘
poses,” approved January 28, 1S30; and with such general instructions as \
he may deem expedient; and also with a general letter of authority, ad¬
dressed to the Governor of Ohio.

Mr. Dixon moved to amend the said resolutions by striking out all after -
the word “Kentucky,” in the second line of the first resolution, and inserting
in lieu thereof the following, viz:

That the Governor and Legislature of the State of Ohio be respectfully
solicited to pass an act to prevent evil disposed persons, residing within the
limits and jurisdiction of said State, from enticing away the slaves of citi- -
zens of Kentucky, or aiding and assisting, or concealing them, after they •
shall have reached the limits of that State; and also to solicit the passage oi i
an act providing more efficient and certain means for recapturing and bring- '
ing away absconding slaves, by their masters, or legally authorized agents; j
and for imposing heavy penalties upon such persons as may, contrary to the :
provisions of such act, rescue, or attempt to rescue, such slaves.

Be it further resolved, That the Governor of this State be, and he is j
requested to forward a copy of the foregoing preamble and resolution to
the Governor of the State of Ohio, together with a copy of our statute, en- ;
titled, an act to amend the law concerning slaves, and for other purpose;,
approved January 28th, 1839, with a request that he lay the same before ■
the General Assembly- of that State.

The question being taken on the adoption of the said amendment, it was ■
decided in the negative.

JOURNAL OF THE SENATE. 0/

3 being required thereon by Messrs, Willis and Beatty,

Those who voted in the affirmative were-

Pitts,
Pratt,
Schooling,
Weller,
Willis—16

Hanson,

Huston,

James,

Jasper,

Jesup,

Messrs. Bradshaw,

Burnett,

De Courcy,

Dixon,

Ford,

Guthrie,

Those who voted in the negative were—

Walker, J. V.

W allace,

Watkins,
Wickiiffe,
Wingate,

Young, S.—18.

The question was then taken on the adoption of the said resolutions, and
it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Hanson and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were-

James,

Jesup,

Johnston,

Morgan, J. S.

Murrell,

Pitts,

Pratt,

Rice,

Roberts,

Schooling,

Those who voted in the negative were-

Morgan, J. S.
Murrell,

Rice,

Roberts,-
Tomlinson,
Walker, C. J

Messrs. Ballinger,
Barlow,
Beatty,
Clarke,
Davidson,
Johnston,

Tomlinson,
Walker, C. J.
Walker, J. V.
Wallace,
Watkins,

W eller,
Wickiiffe,
Wingate,
Young, S.—S

Messrs. Ballinger,
Barlow,
Beatty,
Clarke,
Davidson,
Dixon,
Ford,
Guthrie,
Hanson,
Huston,

Messrs. Bradshaw, De Courcy, Willis—5.

Burnett, Jasper,

- Mr. Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills which originated in the House of Repre-
sentatives of the following titles, viz

An act for the benefit of Mary Ann Sellers and Sarah E. Sellers.

An act to change the place of voting in the Mulliken precinct, in Flem¬
ing county.

JOURNAL OF'THE SENATE.

An act for the benefit of John L. Cole, of Barren county.

An act to change the names of Mary Ann Brumley and Abigial Ann
Brumley.

An act to amend the charter of the city of Covington.

An act to change the name of James Babcock.

An act for the benefit of the Sheriff of Garrard county.

An act for the benefit of the Sheriff of Lincoln county.

An act to change the place of voting in the Quicksand and Crawford
precincts, in Estill county, and Dennis precinct, in Washington county,
and to establish an election precinct in Pulaski county.

An act to allow an additional Constable to the county of Hardin.

An act allowing an additional Constable to the county of Marion.

An act for the benefit of the Sheriffs of Logan and Simpson counties.

An act for the benefit of Eliza Hancock.

An act for the benefit of Richard C. Jett, the Sheriff of Daviess county,
and the Sheriff of Hopkins county.

And enrolled bills which originated in the Senate of the following titles,
viz:

An act to change the place of voting in the Renear precinct, in Butler
county.

An act to authorize elections to be held in the Glasgow and Scottsville
turnpike road.

An act for the benefit of James Bartley, Sheriff of Greenup county.

And had found the same truely enrolled.

The said bills being signed by the Speaker of the House of Representa¬
tives, the Speaker of the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for his approba¬
tion and signature. After a short time Mr. Barlow reported that the com¬
mittee had performed that duty.

A bill from the House of Representatives, entitled, an act providing for
a change of venue in a prosecution for felony against Joel (alias) Joseph
Turnham, Jr., was read the third time.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

And then the Senate adjourned.

Dec. 17.]

JOURNAL OF THE SENATE.

MONDAY, DECEMBER 17, 1838.

1. Tomlinson presented the remonstrance of sundry citizens of Mercer
county, against the formation of a new county out of a part of said county,

and the county ol Lincoln. .

2. Mr. Davidson presented the remonstrance of sundry citizens ot Lin¬
coln county against the formation of said county.

3. Mr. Willis presented the petition of sundry citizens, praying for the

formation of the said count} 7 .

4. Dixon presented the petition of the Kentucky Silk Manufactunng
Company, praying for the passage of a law, authorizing them to construct a
canal from Green river to the Ohio river; and that the capital stock oi the
company may be increased.

Which were received and referred; the 1st, 2d and 3d to the committee of
Propositions and Grievances; and the fourth to the committee of Internal
Improvement.

On the motion of Mr. Pitts, leave was given to withdraw the petition of
James P. Howard.

A message was received from the House of Representatives, announcing
that they had disagreed to a bill which originated in the Senate, entitled, an
act to amend the law incorporating the town of Bardstown.

That they had passed bills from the Senate of the following titles, viz:

An act for the benefit of the estate of David Campbell.

An act for the benefit of John W. Simpson.

And that they had passed bills of the following titles, viz:

An act to release from forfeiture, and remit the taxes on certain lands be¬
longing to the estate of George Morris, deceased.

An act for the benefit of Keziah Craycraft.

An act for the benefit of Margaret Holtzclaw.

Mr. Hanson, from the committee on the Judiciary, to whom was referred
a bill from the House of Representatives, entitled, an act for the benefit of
the infant heirs of Henry Crittenden, deceased, reported the same with
amendments—which were concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Hanson, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of James L.
Todd, a lunatic, reported the same without amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

60 JOURNAL OF THE SENATE. [Dec. 17.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hanson, from the same committee, to vVhom was referred a bill fur
ther regulating the duties of the Clerks of Circuit Courts, and a bill to pro
hibit unlawful dealing by corporations, and the better to protect the cur
rency, reported the same with amendments to each—which were concur
red in.

Ordered, That the said bills be engrossed and read a third time, and that
the Public Printer print 150 copies of the first bill, for the use of the Gen¬
eral Assembly.

Mr. Wingate, from the committee of Religion, to whom was referred the
petitions of Lewis G. Logan, Sabrina Matlock, William Wilson, and Eliza¬
beth Merritt, reported the following resolution thereon, viz.

Resolved, That the said petitions be rejected—which was concurred in.

On the motion of Mr. Burnett, leave was given to withdraw the petition
of the said William Wilson.

Mr Wingate, from the same committee, to whom was referred the pe¬
tition of Sarah A. Brown, reported the following resolution thereon, viz:

Resolved, That the said petition be rejected.

On the motion of Mr. Huston, the said resolution was amended by strik¬
ing out “be rejected,” and inserting in lieu thereof, “is reasonable,” and con¬
curred in.

Ordered, That the committee of Religion prepare and bring a bill pur¬
suant to the said petition.

On the motion of Mr. Hanson, the committee of Finance was discharged
from the further consideration of a resolution requiring the said committee
to inquire into the cause of the applications of Sheriffs for indulgence,
moved by Mr. De Courcy on the 13th inst; and the said resolution was
laid on the table.

The following bills were reported, viz:

By Mr. Hanson, from the committee on the Judiciary—1. A bill for the
benefit of Margaret B. White.

2. A bill to authorize the mandate of the Court of Appeals to be filed
with the Clerk of the inferior court, and executions to issue in certain cases.

By Mr. Wingate, from the committee of Religion—3. A bill for the
benefit of Ferdinand Plunn.

By Mr. Hanson, from the committee of Finance—4. A bill to establish
the office of Comptroller of the Treasury, and for other purposes.

By Mr. Bradshaw, from a select committee—5. A bill for the benefit of
the Sheriffs of Casey and Pulaski counties.

Which bills were severally read the first time, and ordered to be read a
second time.

Dec. 17.]

JOURNAL OF THE SENATE.

The constitutional rule as to the second reading, being dispensed with
the 1st 2d, 3d and 5th were ordered to be engrossed and read a tlni
time- the 4th was referred to the committee on the Judiciary, and the
Public Printer ordered to print 150 copies thereof for the use of the General

A The Speaker laid before the Senate the following annual statement of the
Agent of the Old Bank of Kentucky, viz:

(Old) Bank of Kentucky, )
December 1 6th, 1S38. ;

To the Plon. Charles A. W ickliffe,

Speaker of the Senate:

gi r _I herewith inclose the annual statement of the situation of this In-

^Onlyls'ix dollars of the notes in circulation have been .presented, the pres¬
ent year, for payment. It may therefore be estimated that at east &30.000
will be o-ained to the institution by the loss and destruction ol her notes.

At the session of 1834-5, the then President and Cashier, after making
an examination of the situation of the institution, estimated the value of the
slock belonging to the State, to be equal to $35,0S2 50. I have heretofore
paid over to the Treasurer, the sum of $35,802; aqd will, m the month of
March next, be enabled to pay the further sum of $o,967; and to individual
stockholders, the sum of $9,281—making *15.149.

The remaining interest of the State and individual stockholdeis, aftei the
dividend in March, will probably be equal to about $lo,000; being abou
$30,000 over and above the estimates made in 1834-5.

Every exertion will be made to a final close of the institution the ensuing

year.

I am, very respectfully,

H. BLANTON, Agent.

Statement of the situation of the Old Bank of Kentucky , Dec. 10 tit, 1S3S.

I Notes issued,.faq’tu fiQ

Surplus profits,.I’flS ¥1

c„„e„, pr„ fi _,, ;;;;;;; oo

Due to individuals,. 5 ?’oot

Due to other Banks,.1,-95 / 8

Current expenses, -
Real Estate,

Loss on real estate,
Defalcation at Branches,
Due from individuals,

In Bank, and cash on hand,

$548, 001 17

$519 52
130,433 81
■ 56,195 62

- 20,67S 67

- 321,539 S7

- IS,633 fcS

$548,001 17

H. BLANTON, Agent.

- . • ■ - . - • -

62 JOURNAL OP THE SENATE. [Dec. 17.

Ordered, That said statement be referred to the committee of Finance.

The resolution calling on the Keeper of the Penitentiary for information,
read and laid on the table by Mr. Ford on the 13th instant, was taken up
and referred to the committee on the Penitentiary.

On the motion of Mr. Jasper,

Resolved, That the committee on Internal Improvement inquire into the
expediency of requiring the Board of Internal Improvement to cause to be
expended, such portion of the money heretofore appropriated to the im.
provement of the navigation of Cumberland river, as said committee may
think expedient, upon that part of said river that lies between the mouth of
Laurel, up to the falls, and that they report by bill or otherwise.

Leave was given to bring in the following bills, viz:

On the motion of Mr. De Courcy—1. A bill more effectually to protect
the citizens of this Commonwealth from being killed by persons bearing
deadly weapons, not necessary for their own defence, or that of the State.

On the motion of Mr. Wallace—2. A bill to legalize the appointment
and acts of the Clerk, pro tem. of the Gallatin Circuit court.

On the motion of Mr. Rice—3. A bill to incorporate the Damascus Iron
Manufacturing Company'', in the county of Greenup.

Messrs. De Courcy, J. S. Morgan and Wingate were appointed a com¬
mittee to prepare and bring in the 1st; Messrs. Rice, Hanson and Guthrie
the 3d; and the committee on the Judiciary was directed to prepare and
bring in the 2d.

On the motion of Mr. J. S. Morgan,

P Resolved, That the committee on Internal Improvement be instructed
to inquire into the expediency of putting under contract, the erection of
three additional locks and dams for slackwater navigation, on Licking and
Kentucky rivers during the next summer, and that they report by bill or
otherwise.

The resolution fora recess of the General Assembly, read and laid on the
table by Mr. Willis on the 15th instant, was taken up and amended by
striking out “Saturday the 22d instant,” and inserting “Friday the 21st in¬
stant.”

The question being taken on the adoption of the said resolution, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. S. Young and Bur¬
nett, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Clarke,

Davidson,

De Courcy,

Hanson,

Huston,

Johnston,

Morgan, J. S.
Nuttall,

Rice,

Schooling,

Tomlinson,

Walker, C. J.
Wallace,
Watkins,
Willis,

Wingate—16.

Dec. 17.]

JOURNAL OF THE SENATE.

Those who voted in the negative were—

Messrs. Ballinger, Ford,

Barlow, James,

Bradshaw, Jasper,

Burnett, Jesup,

Dixon, Murrell,

Pitts,

Pratt,

Walker, J. V.
Weller,

Young, S.—15.

The amendments proposed by the House of Representatives, to the amend¬
ments proposed by the Senate to a bill from that House, entitled, an act to
allow an additional Justice of the Peace to the county of Logan, was con¬

curred in.

Engrossed bills of the following titles, were severally read the third time,

viz:

An act for the benefit of Matthew Reid, and the infant children of Samuel
M. Smith, deceased.

An act for the benefit of the estate of Guthrie Morris.

An act providing for a change of venue from the Greenup Circuit Court
to the Morgan Circuit Court, in the case of John C. Ball, and others.

An act for the benefit of Hiram Phillips.

An act to amend the charter of the Lexington and Georgetown Turnpike
Road Company.

An act for benefit of the Sheriffs of Owen and Butler counties.

An act for the benefit of Edward McCoy and William Crabtree.

An act to amend an act to provide against compounding penal prosecu¬
tions, approved February 3d, 1837.

An act prescribing further duties to the Commissioners of the revenue.

The last named bill was amended by way of engrossed ryder.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid,

A bill from the House of Representatives, entitled, an act for the benefit
of the Trustees of the jury fund in this Commonwealth, and for other pur-
posesl was read the third time, as amended.

Resolved, That the said bill, as amended, do pass, and that the title there¬
of be as aforesaid.

Bills from the House of Representatives of the following titles, were sev¬
erally read the first time, viz:

1. An act to complete the State road from Mountsterling, by way of
Prestonsburg, to the Virginia line.

2. An act authorizing the Register to issue a patent in the name of Barna¬
bas Wing.

3. An act for the benefit of John Black.

4. An act for the benefit of Thomas Hite.

5. An act for the benefit of James M. Hanson.

; An act for the benefit of George Ivnox.

[Dec. 17,

JOURNAL OF THE SENATE.

7. An act for the benefit of the heirs and representatives of Thomas Jas¬
per, deceased.

S. An act for the benefit of Maria Waller, an idiot.

9. An act to change the name of Josiah Cusick, Margarette Cusick and
Samuel Cusick.

10. An act for the benefit of Jeremiah K. Sullivan.

11. An act for the benefit of William Gross.

12. An act to legalize the proceedings of the 74th Regiment of Kentucky
Militia, and for other purposes.

13. An act allowing an additional Justice of the Peace to Butler county,

14. An act to amend an act, entitled, an act to establish the town of Pe.
tersburg, in Boone county, approved January 17, ISIS.

15. An act to locate and establish a road from the mouth of Laurel, to
Daniel Bate’s furnace in Clay county.

16. An act for the benefit of Anne Dix and Elizabeth Maria Dix.

17. An act vesting the Trustees of the towns of Lebanon and Springfield,
with power to cause certain streets of said towns to be McAdamized or
paved.

18. An act in relation to the registration of mortgages and deeds of trust,

19. An act changing the place of voting in the Stephensport precinct, in
Breckinridge county.

20. An act for the benefit of the Clerks of this Commonwealth.

21. An act to incorporate the Hopkinsville Female Academy.

22. An act to establish an additional election precinct in Ohio county.

23. An act for the benefit of Henry G. A. Blankman.

24. An act to incorporate the Louisa Literary Society.

25. An act for the benefit of the Clerks and Sheriffs of this Common¬
wealth.

26. An act to change the place of voting in the Floydsburg precinct, in
Oldham county.

27. An act to have the line run and marked between the counties of Mor¬
gan and Floyd.

28. An act for the benefit of William Iverchival.

29. An act to run and mark the line dividing the counties of Knox and
Whitey.

33. An act to release from forfeiture, and remit the taxes on certain
lands belonging to the estate of George Morris, deceased.

31. An act for the benefit of Margaret Iloltzclaw.

33. An act for the benefit of Keziah Craycraft.

Ordered, That the said bills be read a second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, they were referred; the 1st and 15th to the committee of

Dec 18.] JOURNAL OF THE SENATE. 6S

internal Improvement; the 2d, 7th, 14th, 17th, 18th and 20th to the com-
mittee on theUudiciary; the 3d, 9th, 13th, 16th, 27th and 29th to the com-
mittee of Propositions and Grievances; the 4th, 5th, 6th, 8th, 25th, 28th
and 30th to the committee of Finance; the 10th, 11th,23d, 31st and 32d»
m the committee of Religion; the 12th to the committee on Military Af¬
fairs- the 19th, 22d and 26th to the committee of Privileges and Elections;
MuUhe 21st and 24th, to the committee on Education.

A resolution from the House of Representatives, giving the members of
the Board of Internal Improvement the use of the books in the public Li¬
brary, was twice read and referred to the committee on the Library.

And then the Senate adjourned.

The Speaker laid before the Senate the annual report ot tire trustees ot
the Deaf and Dumb Asylum at Danville, which is as follows, viz:

Danville, December 2, 1838.

To the Honorable the General Assembly

of the Commonwealth of Kentucky:

The Trustees of the Asylum for teaching the deaf and dumbj respectfully

16 That the Institution is in a prosperous condition, having in it twenty
two pupils, enjoying all the benefits to be derived from experienced teach¬
ers and o-ood accommodations. The Trustees are persuaded that due at¬
tention is paid to the comfort of the pupils, and to their progress in learn-

'"it would be highly gratifying to the Trustees to be able to lay before the
Legislature, a full statement of the finances of this Institution. I hey had
hoped that Col. Allen, there agent in Florida, would have closed his agency
before now. A large amount of the proceeds ot the lands sold is still in
his hands, in bonds (as we believe) well secured and bearing interest.

The Treasurer’s Report marked A, will show the current receipts and
expenditures of the last year. No remittance has been received lioin Flor¬
ida since our last report. The inclosure marked B, is a list ol the pupils,
their ages and residence.

OFFICERS OF TIIE ASYLUM.

J. A. Jacobs and lady, superintendent and matron; J. A. Jacobs, pi in-
cipal teacher; W. D. Kerr, assistant teacher; J. Barbour, Treasurer; J. A
Jacobs, Secretary; Dr. J. Todd, physician. JOHN TODD

P. G. RICE.

■■ ■ I I

JOURNAL OF THE SENATE.

[Dec. 18,

Statement showing the receipts and expenditures of the Kentucky Deaf and
Dumb Asylum, in the last year.

Salary paid Principal Teacher,.$900 00

“ “ Assistant Teacher,. 700 00

Treasurer $50, Secretary $25,. 75 00

Paid board of pupils, - - - - - - 1,311 62

Town tax, ... 17 20

Doctors Flue & Weisiger’s bill for medical services in for¬
mer years, - -.110 00

Insurance, .. 19 00

Work in new building, - ..... 297 00

Incidental expenses, - ..... 33 12

Physician’s bill this year, - ..... 11 50

Postage, .... ..... 2 66

$3,477 10

By cash of State Treasurer,
By cash from pupils,

Or,

$1,636 73
35 00

1,671 73

$1,805 37

No money received from Col. Allen in the last year.

J. BARBOUR, Treasurer .

List of Pupils in the Kentucky Asylum, December 1th, 1838.

Margaret Swope,
Maston Gore,

George Beatty,
Artemisia Black,
Elizabeth Cooper,
Margaret Bodkin,
Moses Bledsoe,
Lucinda Phillips,
Elizabeth Kelly,

Lucy Jane Fitzpatrick,

AGE.

RESIDENCE.

Garrard county, Ivy.

Caldwell county, do.

Owen county, do.

Boone countv, do.

Nelson county, do.

Henry county, do.

Danville.

Garrard county, do.

Scott county, do.

Adair county, do.

JOURNAL OF THE SENATE.

List of Pupils—continued.

NAMES.

Adair county, Ivy.
Jessamine county, do.
Giles county, Tennessee.
Anderson county, do.

St. Genevieve, Missouri.
Franklin county, do.
Habbershaw, county, Ga.
East Felicitia parish, La.
Shelby county, Ky.
Lincoln county, do.
Jackson county, Ala.
Scott county, Ky.

Edward Basby,
♦Jacob Todhunter,
♦Geo. W. West,
♦Elizabeth Noel,
♦Edmund Le Clerc,
♦Samuel Ray,

*W, G. Erwin,
♦John Dickerson,
♦Atwell Beatty,
♦William Whitley,
♦Robert Allen,
♦Elizabeth Graves,

Those marked thus (*) are pay pupils.

Ordered, That the said report be referred to the committee on Educa-

1. Mr. Johnston presented the petition of Frances M. Talbott, praying
for a divorce from her husband, James Talbott.

2. Mr. Willis presented the petition of sundry citizens of Mercer and
Lincoln, praying for the formation of a new county out of part of said

counties. . f

3. Mr. Ballinger presented the petition of Thomas Smith, praying tor

the return of a tax paid by him for the season ol a horse.

Which petitions were received; the 1st was referred to the committee
of Religion; the 2d to the committee of Propositions and Grievances; an
the 3d to the committee of Finance.

Mr. Pluston, from the committee of Privileges and Elections, to whom
was referred bills from the House of Representatives of the following titles,

viz: .

An act to establish an additional election precinct m Ohio county:

An act to change the place of voting in the Floydsburg precinct, in Old¬
ham county—reported the same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with.

Resolved, That the said bills do pass, and that the titles thereof be as afore
said.

Mr. Huston, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act changing the place ot voting

JOURNAL OF THE SENATE.

in the Stephensport precinct, in Breckinridge county, reported the same
with an amendment—which was concurred in.

Ordered , That the said bill be read a third time, as amended.

A message was received from the House of Representatives, announcing
that they had passed bills of the following titles, viz:

An act to amend the charter of Centre College.

An act to allow an addditional Constable to the county of Logan.

And that they had adopted a resolution for a recess of the General As¬
sembly, and a resolution for the appointment of a joint committee to ex¬
amine Transylvania University, and the Lunatic Asylum.

Mr. Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills and resolutions pf the following titles, viz:

An act for the benefit of Richard C. Jett, the Sheriff of Daviess county,
and the Sheriff of Hopkins county.

An act providing for a change of venue in a prosecution for felony against
Joel (alias) Joseph Turnham, Jr.

An act for the benefit of the estate of David Campbell.

An act for the benefit of John W. Simpson.

An act to amend the law incorporating the town of Simpsonsville, in
Shelby county.

Resolutions in relation to a public Armory,

And had found the same truly enrolled.

The said bills and resolutions being signed by the Speaker of the House
of Representatives, the Speaker of the Senate affixed his signature thereto;
and they were delivered to the committee to be presented to the Governor
for his approbation and signature. After a short time Mr. Barlow reported
that the committee had performed that duty.

The Senate, according to the standing order of the day, resolved itself
into a committee ol the whole House on the state of the Commonwealth,
Mr. Wingate in the Chair. After some time spent in committee, the Speak¬
er resumed the Chair, when Mr. Wingate reported that the committee had,
according to order, had under consideration a bill to regulate the adminis¬
tration and settlement of estates, and had made some progress therein; but
not having time to go through the same, had directed him to ask for leave
to sit again—which leave was granted.

And then the Senate adjourned.

Dec. 19-]

JOURNAL OF THE SENATE.

WEDNESDAY, DECEMBER 19, 1838.

[ 1 Mr. Guthrie presented the memorial of the President and Directors of
the Lexington and Ohio Railroad Company, setting forth the situation of
the afrairs°of said company, and praying for Legislative aid.

■ 9 Mr Barlow presented the petition of the administrators of the estate

Bf john G. Evans, deceased, praying for the passage of a law authorizing

■ sale of the real estate of the deceased, for the payment of his debts.

1 g an( j ]\j r . Beatty presented the petition of sundry citizens ot Mason
county, and Mr. Rice presented the petition of sundry citizens of Lewis
county, praying that the salary of the Hon. Walker Reed, circuit Judge,
fnay be the same as that of other circuit Judges.

1 Which were received and referred; the 1st to the committee of Inter¬
nal Improvement; and the 2d, 3d and 4th to the committee on the Judi-

Ordered, That the Public Printer print 150 copies of the first, with the
accompanying documents, for the use of the General Assembly.

A message was received from the House of Representatives, announcing
that they had concurred in a resolution from the Senate for a recess of the
General Assembly.

And that they had passed bills of the following titles, viz:

An act for the benefit of the Sheriff of Casey county.

An act to establish a State road from Litchfield, in Grayson county, to
Munfordsville, in Hart county.

An act for-the benefit of the heirs and representatives of Eliza Murray,
deceased.

■ An act for the benefit of Willie Sugg.

I An act for the benefit of Mary Ivimes.

I An act for the benefit of Jeremiah Smith, of Clay county.

An act for the benefit of Nelson Dyer.

An act for the benefit of Eliza Jane Grider.

An act for the benefit of the Clerk of the Washington Circuit Couit.

Mr. Wingate, from the committee of Religion, to whom was referred a bill
'from the House of Representatives, entitled, an act for the benefit of Nancy
L. McCulloch, reported the same with the opinion of the committee that it

JOURNAL OF THE SENATE.

[Dec. 19

An act for the benefit of Keziah Craycraft:

An act for the benefit of Margaret Holtzclaw:

An act for the benefit of William Gross:

An act for the benefit of Henry G. A. Blankman—reported the samj
without amendment.

Ordered, That the said bills be read a third time.

Mr. Wingate, from the same committee, to whom was referred the p e .
tition of Jefferson A. Murray, praying for a divorce, reported the following
resolution thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred bills from the House of Representatives of the following titles,
viz:

An act to complete the State road from Mountsterling, by way of
Prestonsburg, to the Virginia line.

An act for the benefit of James Henson and George W. McLeod—re.
ported the same wdthout amendment.

Ordered, That the said bills be read a third time.

The yeas and nays being required on reading the second bill a third time
by Messrs. Wickliffe and Watkins, were as follows viz:

Those who voted in the affirmative w r ere—

5. Barlow,

James,

Walker, C. J.

Bradshaw,

Jasper,

Walker, J. V.

Burnett,

Jesup,

Watkins,

Clarke,

Nuttall,

Weller,

De Courcy,

Pratt,

Willis,

Dixon,

Rice,

Wingate—20.

Huston,

Schooling,

Those who voted in the negative

were—

:. Ballinger,

Johnston,

Wallace,

Beatty,

Morgan, J. S.

Wickliffe,

Guthrie,

Hanson,

Pitts,

Young, S.—10

The constitutional rule as to the third reading of the second bill being dis-
pensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore- I
said.

Mr. Clarke, from the committee on the Library, to whom was referred 9
a resolution from the House of Representatives, giving the members of the f
Board of Internal Improvement the use of the books in the public Library,
reported the same without amendment.

Resolved, That the said resolution be concurred in.

JOURNAL OF THE SENATE. 71

nson, from the committee of Finance, to whom was referred bills
House of Representatives of the following titles, viz:
for the benefit of James M. Hanson:
for the benefit of William Kerchival:

to release from forfeiture, and remit the taxes on certain lands
to the estate of George Morris, deceased:

for the benefit of Thomas Hite—reported the same without amend-

first without amendment, and the second with an amendment—which was
concurred in.

Ordered, That the said bills be read a third time.

The following bills were reported, viz:

By Mr. Hanson, from the committee on the Judiciary—1. A bill for the
benefit of William Butler, Clerk of Monroe County Court.

By Mr. Beatty, from the committee on Education—2. A bill to incorpo¬
rate the Louisville Library Company.

By Mr. Rice, from a select committee—3. A bill to incorporate the Da
mascus Iron Manufacturing Company, in Greenup county.

Which bills were severally read the first time, and ordered to be read :
[second time.

The constitutional rule as to the second reading of the second and thir<
bills being dispensed with, they were referred to the committee on the Ju
diciary.

JOURNAL OF THE SENATE.

The constitutional rule as to the second and third readings of the first bill
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore-

Mr. Huston, from the committee of Privileges and Elections, made the
following report, viz:

The committee on Privileges and Elections, to whome were referred the
petition of a portion of the citizens of the 14th Senatorial District, met on
the 12th day of December. 1S3S, at the Senate chamber, and for the purpose
of giving the parties further preparation, agreed to adjourn, and meet in
the same place on the 14th, at 3 o’clock.

The committee met agreeable to adjournment; the parties appeared and
evinced a willingness to enter into an investigation of the charges set forth
in the petition; and thereupon the Senator from the 14th Senatorial Di$.
trict submitted to the committee, the constitutional question: “Has or not a
Senator, after he is elected, the right to reside any where within the State
of Kentucky, and without his Senatorial district, and retain his seat in the
Senate?” The constitutional question was discussed, in part, before the
committee, and not having time to hear the whole discussion offerred, ad¬
journed to meet in the same place the following day, at 3 o’clock.

The committee met agreeable to adjournment; the argument was again
resumed, and after the parties were fully heard, and the argument closed,
the committee took time for consideration until the 17th, 9 o’clock, to which
time they adjourned. After having met agreeable to adjournment, and
fully and solemnly considered the preliminary proposition to them submit-
ted, have come to the following conclusion—

That the constitutional question, to them submitted, is a question which
should have been made more properly before the committee on the Judi¬
ciary; but as the same was made and presented to this committee, and they
have been compelled to assume the high responsibility of deciding upon so
important a subject, and one of such general interest, and which tends to
settle a principal of doubtful import in time to come, have come to a final
conclusion and decision and submit the following resolution—

Resolved, That it is the opinion of the committee, that a Senator has no
right, by the Constitution of the State of Kentucky, to reside without the
district for which he was elected, and retain his seat in the Senate.

Mr. Johnston moved to recommit the said report to the committee of
Privileges and Elections, with instructions to report the facts of the case.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Watkins and
Wickliffe, were as follows, viz:

Those who voted in the affirmative were—

Messrs, Beatty, Hanson, Schooling,

Bradshaw, Johnston, Walker, C. J.

Clarke, Murrell, Walker, J. V.

Dixon, Pitts, Wallace,

Guthrie, Rice, Wickliffe—15.

JOURNAL OF THE SENATE.

Dec. 20.]

Those who voted in the negative were-

Messrs. Barlow,

Burnett,

De Courcy,

Huston,

Jasper,

Bills from the House of Representatives of the following titles, viz:

An act for the benefit of Mary Kimes:

An act for the benefit of the Clerk of the Washington County Court—
were each read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading of the first bill being dis¬
pensed with, it was referred to the committee of Finance.

The constitutional rule as to the second and third readings of the seconc
bill being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore

said. . .

On the motion of Mr. Wickliffe, leave was given to bring in a bill to allov

the Mayor and Council of the city of Lexington to levy an additional tax
and for other purposes. Messrs. Wickliffe, Clarke and Johnston were ap
j pointed a committee to prepare and bring in the same.

And then the Senate adjourned.

Weller,
Willis,
Wingate
Young, fc

Jesup,

Morgan, J. S,
Pratt,
Tomlinson,
Watkins,

THURSDAY, DECEMBER 20, 1S3S.

1. Mr. J. S. Morgan presented the petition of the County Court of Nicho¬
las county, praying that the fines and forfeitures assessed in said county be¬
fore the passage of the law appropriating fines and forfeitures to the pay¬
ment of jurors, may be vested in the County Court of said county.

2. Mr. Jasper presented the petition of the Common School Commission¬
ers for Wayne county, and others, praying that the Seminary lands of said

of the Common Schools in said

county may be appropriated for the use
county.

3. Mr. Jasper presented the petition of sundry citizens of Wayne county>
praying that the next April term of the Circuit Court of said county, may
be extended one week longer.

4. Mr. Rice presented the petition of sundry citizens of Pike county,

74 JOURNAL OF THE SENATE. [Dec. 20.

praying for the passage of laws to restrain the retailing and use of spiritu¬
ous liquors.

Which petitions were received; the 1st and 4th were referred to the com¬
mittee of Propositions and Grievances; the 2d to the committee on Edu¬
cation; and the 3d to the committee on the Judiciary.

Mr. Jesup, from the committee on Military Affairs, to whom was refer¬
red a bill from the House of Representatives, entitled, an act to legalize the
proceedings of the 74th Regiment of Kentucky militia, and for other pur¬
poses, reported the same without amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
bills from the House of Representatives of the following titles, viz:

1. An act authorizing the Register to issue a patent in the name of Barna¬
bas Wing:

2. Ati act for the benefit of the heirs and representatives of Thomas Jas¬
per, deceased:

3. An act to amend an act, entitled, an act to establish the town of Pe¬
tersburg, in Boone county, approved January 17, ISIS:

4. An act for the benefit of the Clerks of this Commonwealth:

5. An act in relation to the registration of mortgages and deeds of trust—
reported the same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading of the 1st, 2d, 3d and 4th
bills being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid. ■

The following bills were reported, viz:

By Mr. Wickliffe, from a select committee—1. A bill to authorize the
city of Lexington to levy an additional tax for the better organization and
efficiency of the fire companies.

By Mr. Guthrie, from the committee on the Judiciary—2. A bill to con¬
tinue in force an act to allow the Independent Banks of this Commonwealth,
further time to collect and settle their concerns, approved January 4, 1836,
and for other purposes.

3. A bill to amend an act to alter the mode of selecting petit jurors.

By Mr. James, from a select committee—4. A bill to establish the town
of Lovelaceville, in the county of McCracken.

Which bills were severally read the first time, and ordered to be read a

second time.

Dec. 20.] JUU ‘ U, '‘ U ~

The constitutional rule as to the second reading of the 3d and 4th bills
being dispensed with, they were ordered to be engrossed and read a third

ti m e.

The constitutional rule as to the second and third readings of the first and
second bills being dispensed with, and the same being engrossed,

Resolved, That the said bills do pass, and that the titles thereof be as afoie-

Mr Guthrie, from the committee on the Judiciary, to whom was referred
a bill to establish the office of Comptroller of the Treasury, and for other
purposes, reported the same without amendment.

Ordered, That the said bill be referred to the committee of the whole
of the Commonwealth, and made the order of the day

house on

for the third of January next,

Mr. Guthrie,
change the January term
amendment—'.— —

Ordered, That the said bill be re-engrossed and again
and the same being

constitutional rule as to the third reading.

The question being taken ther
The yeas and nays
Barlow, were as follows, viz:

Those who voted in the affirmative were-

Jasper,

Jesup,

Johnston,

Morgan, J. S.

Nut tall,

Pitts,

Pratt,

Rice,

Schooling,

Those who voted in the negative were-

Messrs. Bradshaw, Wicklifte,

De Courcy,

The question was then taken on the passage of the said bill, and it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and Wel¬
ler, were as follows, viz:

from the same committee, to whom was referred a bill to
l of the General Court, reported the same with an
-which was concurred in.

' l read a third time,
re-enoTossed, Mr. Guthrie moved to dispense with the

•eon, it was decided in the affirmative,
being required thereon by Messrs. Wicklifl

Tomlinson,
Walker, C. J.
Walker, J. V.
Wallace,
Watkins,
Weller,
Willis,
Wingate—2(

Messrs. Ballinger,
Barlow,
Beatty,
Burnett,
Clarke,
Davidson,
Guthrie,
Huston,
James,

V :

JOURNAL OF THE SENATE

Those who voted in the affirmative were-

Messrs. Barlow, James,

Bradshaw, Jasper,

Burnett, Jesup,

Clarke, Johnston,

Davidson, Morgan, J, S.

Dixon, Pitts,

Guthrie, Pratt,

Huston, Rice,

Those who voted in the negative were-

Messrs. Ballinger, Walker, C. J. Wkskliffe,

De Courcy, Wallace, Young, S.—7.

Murrell,

Resolved, That the title of the said bill be as aforesaid.

A message, in writing, was received from the Governor, by Mr. Bullock,
Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
up and read as follows, viz:

Executive Department, )
Fankfort, December 20th, 1838. $

Gentlemen of the Senate:

I nominate for your advice and consent, William Chambers, to be Notary
Public in the county of Jefferson, and James Herndon, to be Sheriff of Simp¬
son county, the County Court having failed to nominate agreeably to the
Constitution.

JAS. CLARK.

Resolved, That the Senate advise and consent to the said appointments.
A message, in writing, was received from the Governor by Mr. Bullock,
Secretary of State; also, a message announcing that the Governor had ap¬
proved and signed enrolled bills and resolutions which originated in the Sen¬
ate of the following titles, viz:

An act for the benefit of James Bartley, Sheriff of Greenup county.

An act to authorize elections to be held in the Glasgow and Scottsville
turnpike road.

An act to change the place of voting in the Renear precinct, in Butler
county. Approved December 17, 1838,

Resolutions in relation to a public armory.

Approved December 18, 1838.

An act to amend the law incorporating the town of Simpsonsville, in
Shelby county.

An act for the benefit of the estate of David Campbell.

An act for the benefit of John W. Simpson.

Approved December 19, 1S38.

Schooling,

Tomlinson,

Walker, J. V.

Watkins,

Weller,

Willis,

Wingate—23.

1 20 ] JOURNAL OF THE SENATE. ?7

l a SS acre was received from the House of Representatives, announcing
| Am g ^of a bill from this House, entitled an act for the benefit of Lucy
KobTand the passage of bills from the House of Representatives of the

following titles, viz:

An act for the benefit of the Sheriff of Calloway county.

I An act to incorporate the town of Francisburg, in Union county.

I Au act furt her to enforce the payments of State dividends declared by

Ipvtain incorporated companies, and for other purposes.

® An act t0 am end the charter of the Richmond and Lexington Turnpike

Road Company.

I An act to establish the town of Rochestei.

' An act for the benefit of the Sheriff of Henderson county.

- An act allowing further time to enter and survey Kentucky land war¬
rants and to return plats and certificates of surveys.

1 An act t0 allow an additional Justice of the Peace to the county of Clay.

[ An act for the benefit of Nancy Collins.

I An act to amend the charter ol the city of Maysville.

An act for the benefit of the Sheriff of Shelby county.

An act to authorize the Register to receive and register certain surveys
■nade in the year 1838.

; An act to establish an election precinct m the county ol Allen.

4 An act abolishing an election precinct in Casey county.

| An act to amend an act, entitled, an act to amend an act incorporating
foe town of Steamport, in the county of Henderson.

An act to change the name of Green Ruby to that of Green Kerley.

An act for the benefit of the Sheriff of Muhlenburg county.

[ An act to amend the charter of St. Josephs College.

(. Mr. Willis, from the committee of Propositions and Grievances to whom
was referred the petition of sundry citizens of the counties of Mercer and
Lincoln, praying for the establishment of a new county out of parts of said
counties’, to be called Boyle, reported the same with the following resolution
thereon, viz:

! Resolved, That the said petition be rejected—which was concurred in,

Leave was given to bring in the following bills, viz:

On the motion of Mr. Rice—1. A bill for the benefit of Harmon Ilurst,

I On the motion of Mr. Pitts—2. A bill to incorporate the town of Rum-
-Psey, in Muhlenburg county.

' On the motion of Mr. De Courcy—3. A bill for the benefit of Joseph
Dawson.

On the motion of Mr. Willis—4. A bill to change the time of holding the
IsGreen Circuit Court,

73 JOURNAL OF THE SENATE. [Dec. »i j

5. A ljiJl to appoint trustees for the town of Summersville, in Greei,^|
county.

The committee on the Judiciary were directed to prepare and bring jj
the 1st; Messrs. Pitts, Clarke and Burnett the 2d; Messrs. De Courcy, Willis
and Burnett the 3d; the committee on Propositions and Grievances the 4th,
and Messrs. Willis, J. S. Morgan and Wallace the 5th.

Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred bills from the Plouse of Representatives of the following titles

An act to have the line run and marked between the counties of Morgan
and Floyd:

An act allowing an additional Justice of the Peace to Butler county:

An act to change the name of Josiah Cusick, Margarette Cusick and
Samuel Cusick:

An act for the benefit of Anne Dix and Elizabeth Maria Dix— reported
the same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Mr. Willis, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to run and mark the line di¬
viding the counties of Knox and Whitley, reported the same with an amend,
ment, which was concurred in.

Ordered, That the said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Bills from the House of Representatives of the following titles, viz:

1. An act for the benefit of the Sheriff of Shelby county.

2. An act to amend the charter of the city of Maysville.

Which bills were each read the first time, and ordered to be read a second
time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st was referred to the committee of Finance, and the
2d ordered to be read a third time.

The constitutional rule as to the third reading of the second bill being
dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Engrossed bills of the following titles, viz:

An act providing that certain legacies and devises shall not lapse.

JOURNAL OF THE SENATE.

Dec. 20.]

■A n act regulating the duties of Clerks of Circuit Courts.

IS All act ^prohibit unlawful dealing by corporations, and the better to pro¬
tect the currency.

' » An act for the benefit of Margarett B. White.

■ An act for the benefit of Ferdinand Hunn.

I An act for the benefit of the Sheriffs of Casey and Pulaski counties.

'An act for the benefit of Sarah Ann Brown—were severally read the

third time. , . , , f ,

1 5 Resolved, That the said bills do pass, and that the titles thereof be as

aforesaid.

l An engrossed bill, entitled, an act for the benefit of the Lunatic Asylum,
was read the third time.

■ Ordered, That the said bill be recommitted to the committee on Internal

Improvement.

■ An engrossed bill, entitled, an act authorizing the mandate of the Court
of Appeals to be filed with the Clerk of the inferior court, and executions to
issue iu certain cases, was read a third time.

■The said bill was amended by way of engrossed ryder.

I Resolved, That the said bill do pass and that the title thereof be as afore¬
said. _

1 A bill from the House of Representatives, entitled, an act to incorporate
the Hopkinsville Female Academy, was read the third time, as amended.

■ Mr. Beatty then moved a reconsideration of the vote ordering said bill to
a third reading, and adopting the amendment; and the question being taken
thereon, it was decided in the affirmative.

The said bill was amended.

Ordered, That the said bill be read a third time, as amended.

I The constitutional rule as to the third reading being dsipensed with,

I Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

■ Bills from the House of Representatives of the following titles, viz:

■ An act changing the place of voting in the Stephenspoit piecinct, in
Breckinridge county:

I An act for the benefit of the infant heirs of Henry Crittenden, deceased,
were severally read the third time, as amended.

Resolved, That the said bills, as amended, do pass, and that the titles
thereof be as aforesaid.

if Bills from the House of Representatives of the following titles, \iz:

$ An act to complete the State road from Mountsterling, by way of
Prestonsburg, to the Virginia line:

I An act for the benefit of Nancy L. McCulloch:

| An act for the benefit of William Gross:

JOURNAL OF THE SENATE.

Iff,

SL -

[Dec. 30.

An act to incorporate the Louisa Literary Society :

An act for the benefit of Margaret Holtzclaw—were severally read the
third time.

Resolved, That said bills do pass, and that the titles thereof be as afore,
said.

Bills from the House of Representatives of the following titles, viz:

An act for the benefit of Henry G. A. Blankman:

An act for the benefit of Keziah Craycraft—were severally read a third 1
time.

The question being taken upon the passage of the said bills, it was de¬
cided in the negative; and so the said bills were disagreed to.

The Senate then took up for consideration, a resolution from the House
of Representatives, for the appointment of a joint committee to examine
Transylvania University and the Lunatic Asylum, which being twice read
was amended and concurred in.

Mr. Guthrie read and laid on the table the following joint resolution, viz:

Resolved by the Senate and House of Representatives of the Common¬
wealth of Kentucky, That it shall be a standing rule of the two Houses that I
the committee on Education of each House, shall be a joint committee for
.the annual examination of the Transylvania University, the Lunatic Asyl¬
um, and the Deaf and Dumb Asylum, and to report the condition of each.

Mr. Wickliffe moved the following resolution, viz:

Resolved That the committee on the Penitentiary inquire into the ex¬
pediency of changing the mode of conducting that Institution, by the ap¬
pointment of an Agent or Keeper of it, at a reasonable salary, instead of
working it in partnership, as now done, and report by bill or otherwise.

WhichJ being twice read was adopted.

Mr. Willis moved the following resolution, viz:

Resolved, That when the Senate adjourns on this day, they will adjourn
to meet again according to the joint resolution.

Which being twice read was adopted.

Mi'. Barlow moved the following joint resolution, viz:

Resolved by the Senate and House of Representatives of the Common¬
wealth of Kentucky, That the joint rules which require the committee on
public offices to make their report within the first thirty days of the session,
be suspended, and that they be permitted to report whenever practicable.

The rule requiring joint resolutions to be one day on the table being dis¬
pensed with, the said resolution was twice read and adopted.

Mr. Guthrie moved the following resolution, viz:

Resolved, That the committee on Finance inquire into the propriety and
expediency of authorizing the Commissioners of the Sinking Fund to pur¬
chase the individual stock in the Louisville and Portland cannl, by a sale of
State bonds; and when purchased, of reducing the tolls to a sum not ex¬
ceeding ten per cent, on the cost, and of charging the interest on the cost to

_ : _

jAN journal of the senate.

k, o lnk i n cr Fund, and credit it with the profits; and when the principal
hll e refunded from the excess of dividends over and above the interest,
S f < 7 Gradually reducing the tolls until they shall no longer be a charge on the
commerce of the Ohio river, and they report by bill or otherwise.

Which being twice read was adopted.

Mr. De Courcy, from the committee appointed for that purpose, reported
a bill for the benefit of Joseph Dawson, which was read the first time, and
ordered to be read a second time.

The constitutional rule as to the second reading of the said bill being dis-
;• pensed with, it was referred to the committee of Finance,

And then the Senate adjourned,

TUESDAY, JANUARY 1, 1839.

The Speaker took the Chair, and there not being a quorum* the members
present adjourned until to-morrow morning, ten o’clock.

WEDNESDAY, JANUARY 2, 1839.

1. Mr, Pratt presented the petition of sundry citizens of Harrison county,
praying for the passage of a law for the benefit of A. Broadwell.

2. Mr. Wingate presented the petition of sundry citizens of Hardin coun¬
ty j praying that steps may be taken to remove their representative in the
Senate from his station.

3. Mr. Johnston presented the petition of Willis W. Harbourt, praying
for the passage of a law authorizing a conveyance of a tract of land, sold
by him and his deceased wife to Sidner Hall.

Which petitions were received and referred; the 1st and 3d to the com¬
mittee on the Judiciary; and the 2d to the committee of Privileges and
Elections.

A message was received from the House of Representatives, announcing
that they had passed bills from the Senate of the iollowing titles, viz:

An act to change the January term of the General Court.

An act for the benefit of William Butler, Clerk of the Monroe County
Court.

That they had concurred in a resolution from the Senate giving the com-
mittee on Public Offices further time to report; and that they had received
official information, that the Governor had approved and signed enrolled bills
which originated in that House, of the following titles, viz:

An act to change the names of Mary Ann Brumley and Abigial Ann
Brumley.

An act for the benefit of John L. Cole, of Barren county.

An act for the benefit of Mary Ann Sellers and Sarah E. Sellers.

An act to change the place of voting in the Mulliken precinct, in Flem-
ing county.

An act for the benefit of Eliza Hancock.

An act for the benefit of the Sheriffs of Logan and Simpson counties.

An act to allow an additional Constable to the county of Hardin.

An act allowing an additional Constable to the county of Marion.

An act to change the place of voting in the Quicksand and Crawford
precincts, in Estill county, and Dennis precinct, in Washington county,
and to establish an election precinct in Pulaski county.

An act for the benefit of the Sheriff of Lincoln county.

An act for the benefit of the Sheriff of Garrard county.

An act to change the name of James Babcock.

An act to amend the charter of the city of Covington.

Approved December 17, 1S3S.

An act providing for a change of venue in a prosecution for felony against
Joel (alias) Joseph Turnham, Jr.

An act for the benefit of Richard C. Jett, the Sheriff of Daviess county,
and the Sheriff of Hopkins county.

Approved December 18, 1838.

Leave was given to bring in the following biils, viz:

On the motion of Mr. Dixon—1. A bill to establish the Real Estate Bank
of Kentucky.

On the motion of Mr. Watkins—2. A bill for the benefit of Joseph Allen,
Clerk of the Breckinridge Circuit Court.

On the motion of Mr. Rice—3. A bill for the benefit of the Sheriff of
Lawrence county.

4. A bill giving Harris W. Thompson, late Deputy Sheriff of Greenup
county, further time to return his delinquent list of muster fines.

On the motion of Mr. Burnett—5. A bill to authorize the Clerk of Trigg
county to record certain deeds.

JOURNAL OF THE SENATE.

1-j.vN 2.J JOURNAL OF THE SENATE. S3

| On the motion of Mr. Barlow—6. A bill to change the time of the an¬
nual meeting of the General Assembly

■ Qn the m otion of Mr. Hanson—7. A bill for the benefit of Anderson
Dunn and Isaac Hemmingway.

I On the motion of Mr. Guthrie—8, A bill to incorporate the Kentucky
and Louisville Mutual Insurance Company.

; The committee on the Judiciary was directed to prepare and bring in the
2d and Sth; the committee of Finance the 3d and 7th; Messrs. Dixon,

• Guthrie and Rice were appointed a committee to prepare and bring in the
filst; Messrs. Rice, Huston and J. C. Walker the 4th; Messrs. Burnett,
Dixon and Pitts the 5th; and Messrs. Barlow, James and Murrell the 6th.

On the motion of Mr. Pitts,

Resolved, That a select committee be raised, consisting of three mem¬
bers, whose duty it shall be to inquire into the different contracts that
«iave' been made for the delivery of hydraulic lime, to the various locks
■on Green and Barren rivers, and how far those contracts have been com-
Bplied with on the part of contractors and the agents ot the State; and if
■damages and injustice have not been done to one or more of the original
■contractors which requires, in order to do justice to the party injured, the
^interposition of legislative aid; and that said committee have powei to send
■for persons and papers.

Whereupon Messrs. Wickliffe, Dixon and Johnston were appointed a
■committee pursuant to the said resolution.

Mr. Wickliffe read and laid on the table the following resolution, viz:

: Resolved by the Legislature of Kentucky, That the Librarian be, and he is
thereby, instructed to purchase, lor the use ot the State, a copy of Audibon s
■Ornithology; also to erect a case for its keeping in the Library room.

The resolution adopting a joint rule that the committees on Education of
■each House, be a joint committee to examine Transylvania University, the
Lunatic Asylum, and the Deaf and Dumb Asylum, read and laid on the
table on the 20th ult. by Mr. Guthrie, was taken up, twice read and adopted.
W Engrossed bills of the following titles, viz:

An act to amend an act to alter the mode of summoning petit jurors.

An act to establish the town of Lovelaceville—were each read the third
g time.

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

A bill from the House of Representatives, entitled, an act in relation to
the registration of mortgages and deeds of trust, was read the third time,
;7i and amended by way of ryder.

The question being taken on the passage of the said bill, as amended, it
was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Nuttall and Guthrie,
were as follows, viz:

JOURNAL OF THE SENATE.

[Jan. 2,

Those who voted in the affirmative were—

Messrs. Ballinger,

Barlow,

Bradshaw,

Burnett,

Clarke,

Dixon,

Guthrie,

Hanson,

Huston,

Those who voted in the negative were—Mr. Nuttall.

Resolved, That the title of the said bill be as aforesaid.

A resolution from the House of Representatives for a recess of the Gen¬
eral Assembly, was laid on the table.

Bills from the House of Representatives of the following titles, were sev.
erally read the first time, viz:

1. An act to amend the charter of Centre College.

2. An act to allow an addditional Constable to the comity of Logan.

3. An act for the benefit of the Sheriff of Clay county.

4. An act to establish a State road from Litchfield, in Grayson county, to
Munfordsville, in Hart county.

5. An act for the benefit of the heirs and representatives of Eliza Murray,
deceased.

6. An act for the benefit of Willie Sugg.

7. An act for the benefit of Jeremiah Smith, of Clay county.

8. An act for the benefit of Nelson Dyer.

9. An act for the benefit of Eliza Jane Grider.

10. An act for the benefit of the Sheriff of Calloway county.

11. An act to incorporate the town of Francisburg, in Union county.

12 An act further to enforce the payment of State dividends declared by

certain incorporated companies, and for other purposes.

13. An act to amend the charter of the Richmond and Lexington Turn¬
pike Road Company.

14. An act to establish the town of Rochester.

15. An act for the benefit of the Sheriff of Henderson county.

16. An act allowing further time to enter and survey Kentucky land war-
rants and to return plats and certificates of survey.

17. An act to allow an additional Justice of the Peace to the county of
Clay.

18. An act for the benefit of Nancy Collins.

19. An act to authorize the Register to receive and register certain sur¬
veys made in the year 1838,

James,

Tomlinson,

Jasper,

Walker, C. J.

Jesup,

Walker, J. V.

Johnston,

Wallace,

Murrell,

Watkins,

Pitts,

Weller,

Pratt,

Wickliffe,

Rice,

Wingate,

Schooling,

Young, S.—27.

JOURNAL OF THE SENATE.

Jak. 3.]

on An act to abollish an election precinct in the county of Allen.

: |i An act to amend an act, entitled, an act to amend an act incorporat-

; n f the town of Steamport, in the county of Henderson.

L An act to change the name of Green Ruby to that of Green Kerley.
23* An act for the benefit of the Sheriff of Muhlenburg county.

24 An act to amend the charter of St. Josephs College.

Ordered, That the said bills be read a second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, they were referred; the 1st and 524th to the committee on
Education; the 2d and 17th to the committee of Propositions and Griev¬
ances; the’3d, 10th, 15th, and 23d to the committee of Finance; the 4th,
ST jgth, 13th and 22d to the committee of Internal Improvement; the 5th,
6th' 11th', 14th, 16th, 19th and 21st to the committee on the Judiciary; the
8th 9th and 18th to the committee of Religion; and the 20th to the com¬
mittee of Privileges and Elections.

: A bi p from the House of Representatives, entitled, an act to establish an
election precinct in Casey county, was read the first time, and ordered to

be read a second time. „

The constitutional rule as to the second reading of the said bill being dis-

Insed with, it was ordered to be read a third time.

And then the Senate adjourned.

THURSDAY, JANUARY 3, 1S39.

y 1. Mr. J. S. Morgan presented the petition ol James Squires, praying

for the passage of a law releasing him from liability on a bond given by him
for the safe keeping and return of certain public arms.

2. Mr. Wingate presented the petition of Henry Bradley and John Brad¬
ley, praying for the passage of a law incorporating the Franklin Mining and
Smelting Company.

• ■ U 3. Mr. Clarke presented the petition of Robert Middleton, and Jane, his

wife, praying for the passage of a law to enable them to sell and convey a

1 tract of land.

. 4. Mr. James presented the petition of Martha A. Walker, praying for
the passage of a law authorizing the sale of a portion of the real estate be-

longing to the infant heirs of Wm. T. Walker.

A 5. Mr. Schooling presented the petition of the administrators of the es-

mmmmm

JOURNAL OF THE SENATE.

[ Jas - f\

late of Leonard Hamilton,deceased, praying for the passage oi a law,;

thorizing a sale of the real estate of the deceased, lor the payment ot hu|

debts.

6. Also the petition of sundry citizens of the town of Lebanon, praying
for the passage of a law compelling the owners of lots on main street, in said
town, to pave or McAdamize the same.

7. Also a petition counter thereto.

8. Mr. Wallace presented the petition of Franklin Bowles, guardian o(
the infant heirs of John C. Sell, deceased, praying for the passage ol a la»
legalizing the sale of a negro man, by the the administrator oi the estate of
the said Self, and authorizing the proceeds of' the sale to be vested in land
in the State of Missouri, and to authorize him to remove the slaves of his
wards to that State.

Which petitions were received and referred; the 1st to the committees
Military Affairs, and the others to the committee on the Judiciary'.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
the petition of sundry citizens of Harrison county, praying for the passage
of a law for the benefit of A. Broadwell, reported the following resolution
thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

Mr. Guthrie, from the committee on the Judiciary, to whom w r as refer¬
red a bill from the House of Representatives, entitled, an act for the benefit
of Maria Waller, an idiot, reported the same with an amendment—which
was concurred in.

Ordered, That the said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That, the said bill, as amended, do pass, and that the title
thereof be as aforesaid.

Mr. Huston, from the committee of Privileges and Elections, to whom
was referred a bill from the House of Representatives, entitled, an act to es¬
tablish an election precinct in the county of Allen, reported the same with¬
out amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dsipensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act io
change the name of Green Ruby to that of Green Ivirley, reported the same
with an amendment—which was concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Hanson, from the committee of Finance, to whom was referred a

m 3.] JOURNAL OF THE SENATE. 87

bill from the House of Representatives, entitled, an act for the benefit of
th^ Sheriff of Shelby county, reported the same with an amendment—which
was concurred in.

; Ordered, That the said bill be read a third time, as amended.

•The constitutional rule as to the third reading being dispensed with,
Wblesolved, That the said bill, as amended, do pass, and that the title
thereof be as aforesaid.

%lr. Hanson, from the same committee, reported a bill for the benefit of
the Sheriff of Lawrence county, which was read the first time, and ordered
tmbe read a second time.

The constitutional rule as to the second and third readings of the said bill
being dispensed with, and the same being engrossed,

Wmlesolved, That the said bill do pass, and that the title thereof be as afore¬
said.

,'.iVfr. Burnett, from the committee appointed for that purpose, reported a
bill to authorize the Clerk of Trigg county, to record certain deeds, which
was read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,
j Ordered, That the said bill be engrossed and read a third time.

The Speaker laid before the Senate the following communication from
the Governor, enclosing Mr. Mather’s report on the Geological reconnois-
sance of Kentucky.

[For this Report—see Appendix .]

}Ordered , That the said report be referred to the committee of Internal
Improvement, and that the Public Printer print 150 copies thereof for the
use of the General Assembly.

The Speaker laid before the Senate the following letter and report of the
Superintendent of public instruction.

[For this Report—see Appendix.']

Wrdered, That the said report be referred to the committee on Education,
and that the Public Printer print 150 copies thereof for the use of the Gen¬
eral Assembly.

The Speaker laid before the Senate the following annual report of the
Colimissioners of the Lunatic Asylum.

[For this Report—see Apppendix]

0 rdered, That the said report be laid on the table, and that the Public
Printer print 300 copies thereof, 150 of which for the use of the General

Assembly, and the other 150 to be delivered to the Chairman of said Board.

A message was received from the House of Representatives,' announcing
that they had concurred in the Senate’s amendments to bills which origin¬
ated in that House of the following titles, viz;

83 JOURNAL OF THE SENATE. [Ja S , j }

An act to change the place of voting in the Stephensport precinct, j s '
Brackinridge county.

An act for the benefit of George Knox.

An act to incorporate the Hopkinsville Female Academy.

An act to run and mark the line dividing the counties of Knox and Whit.

And that they had passed bills of the following titles, viz;

1. An act for the benefit of Adam R. Walker.

2. An act to extend the powers of the trustees of the town of BurksvilJ

3. An act to amend an act, entitled, an act establishing the town of Ghent, .
in Gallatin county.

4. An act for the benefit of George O. Stovall.

5. An act authorizing the Auditor of Public Accounts to receive the de¬
linquent lists of the Sheriff of Jefferson county.

Which bills were severally read the first time, and ordered to be read; •
second time.

The constitutional rule as to the second reading of the said bills being hi
dispensed with, the 1st, was referred to the committee on Religion; the2d,l
3d and 4th to the committee on the Judiciary; the 5th was amended, anil I
the question being taken on reading it a third time, it was decided in the -'
affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and De
Courcy, were as follows, viz:

Those who voted in the affirmative were-

Messrs. Ballinger,
Barlow,
Burnett,
Clarke,
Dixon,
Guthrie,
Hanson,
Huston,

James,

Jasper,

Johnston,

Morgan, J. S.

Murrell,

Nuttall,

Pitts,

Pratt,-

Rice,

Schooling,
Walker, C. J,
Wallace,
Watkins,
Wingate—22.

Those who voted in the negative were—

Messrs. Beatty,

Bradshaw,
De Courcy,

Jesup,
Tomlinson,
Walker, J. V.

Weller,
Wickliffe,
Young, S.—9.

The constitutional rule as to the third reading of the said bill being dis¬
pensed with,

Resolved, That the said bill, as amended, do pass, and that the titlek
amended to read, an act authorizing the Auditor of Public Accounts to re¬
ceive the delinquent lists of the Sheriffs of Jefferson, Nicholas, Monroe, Bar¬
ren and Clarke ounties.

j| AN 3] JOURNAL OF THE SENATE. 89

The resolution directing the Librarian to purchase Audubon’s Ornithology,
■ e ad and laid on the table by Mr. Wickliffe on yesterday, was taken up and
referred to the committee on the Library.

Leave was given to bring in the following bills, viz:

[ On the motion of Mr. Hanson—1. A bill for the benefit of John Hollings¬
worth.

| On the motion of Mr. Bradshaw—2. A bill for the benefit of the Sheriff
Of Adair county.

1 On the motion of Mr. J. S. Morgan—3. A bill to amend an act dis¬
pensing with quarterly, and substituting monthly statements, by the Banks
bf this Comhonwealth, approved February 16th, 183S.
t On the motion of Mr. Weller—4, A bill to amend the charter of the
■^Logan, Todd and Christian Turnpike Road Company, and for other pur-

M On the motion of Mr. Schooling—5. A bill for the benefit of the Sheriff
' pf Marion county.

f On the motion of Mr. Huston—6. A bill to amend the law regulating the
mode of settling the accounts of executors, administrators and guardians,
Approved February 24, 1S34.

| On the motion of Mr. Jasper—7. A bill for the benefit of the Sheriff of
■ RV ayne county.

I On the motion of Mr. Pitts—S. A bill more effectually to prescribe the
mode by which damages may be ascertained, which have or may be done
to private property, by the erecting of dams for the slack watering'of the
-^'different water courses in this State.

[ 9. A bill to appropriate the proceeds of lands given to the State bj Jacob
Luce, of Muhlenburgh county, as a bonus for the location of water power
at lock No. 3, to improve the road from Skilesville to Greenville.

On the motion of Mr. Wickliffe—10. A bill to enable the Louisville, Cin-
fcinnati and Charlestown Railroad Company to obtain the right of way for
said railroad, and for other purposes.

The committee on Finance was directed to prepare and bring in the 1st’
2d, and 5th; the committee on Internal Improvement the 4th, Sth, 9th and
10th; the committee on the Judiciary the 6th; the committee on Banks
the 3d; and Messrs. Jasper, James and Barlow were appointed a committee
to prepare and bring in the 7th.

On the motion of Mr. Wickliffe,

Resolved by the Senate, That the committee of Internal Improvement and
Domestic Manufactures, to whom is referred a bill from the House of Rep-
rerentatives, entitled, an act to amend the Richmond and Lexington Turn¬
pike Company, inquire whether the Board of Directors for said company,
have not drawn from the Treasury of the State, the sum of three thousand

90 JOURNAL OF THE SENATE. [Jan. 3.

nine hundred and ten dollars, under a contract or contracts, with the coun-
cil of the city of Lexington; that said council should allow the said Board
of Directors to perform the work at the expense of the city; that the Board
would grant to the city of Lexington, scrip to the full amount expended on
main street, aforesaid, for stock in the company.

To inquire whether the expenditure aforesaid was either necessary or
useful to the country or city.

That said committee further inquire whether the citizens of Lexington, or
the individual members of the company, were consulted or knew of such
bargaining, until after the amended charter was procured and the money
expended.

To inquire into the propriety of repealing the amendatory act, especially
so much as authorizes said company to construct a road on main street, and
to hold jurisdiction thereof, and to erect a turnpike gate within less than
one mile of the city limits.

That they inquire whether the Board of Directors aforesaid, ever sub¬
mitted the said amendatory act to the individual stockholders for ratification,
before they expended the money of the State, and of the individual stock¬
holders, in the construction of the road ; and set up three turnpike gates
between the city of Lexington and the Kentucky river.

That they inquire whether said company ever, at any time, took the sense
or vote of the individual stockholders, accepting said amended charter, and
if they did, when and where was such vote taken, how many of the stock¬
holders were present, and who of those present voted for accepting of the
amended charter; and whether or not, any notice was given by those ta¬
king the vote, that the amended charter would be submitted for confirma¬
tion.

To inquire whether said company cannot, at convenient distances from
the termini of the charter, obtain sites by donation, or by paying a fair price
for the land for their toll houses.

Resolved, That said committee have leave to send for persons and papers,
and to report by bill or otherwise.

On the motion of Mr. Hanson,

Resolved, That the committee of Privileges and Elections be directed to
ascertain, and report the number of votes for the call of a convention, given
in each county of this State, at the last general election—and the number
of voters in each county, according to the enumeration thereof, made in the
year 1838, by the several Commissioners of the revenue.

On the motion of Mr. Pratt, the rule limiting the number of members of
the committee of Internal Improvement to five, was suspended, and Mr. J.
S. Morgan was added to the said committee.

On the motion of Mr. Pitts, the said rule was suspended, and Mr. J. V.
Walker was added to the said committee.

The Speaker laid before the Senate the following report of the President
of the Bank of the Commonwealth, viz;.

JOURNAL OF THE SENATE. 91

Bank op the Commonwealth, )
January 3, 1839 .\

y last report, I have collected and paid into the Public Treasmy. to
of the Commissioners of the Sinking Fund, $31,^SO $1,628 SU
„„ of the Bank, have been redeemed and cancelled by burning,
circulation, or unredeemed, $3,6S1 96 of the entire amount

1 estate remaining on hand, consists mostly of poor, unimproved

ih are of but little value. ... .,, e

all the debts now due, are on judgments, but it is impossib e lor
with any degree of certainty, what amount is yet to be realized.
>ts from this source for the present year, I think, may safely be set

; 20 , 000 . , , _ . ,

.t ..noil wnntintr. on mv Dart, to wind up the affairs oi the in-

Your obe’d serv’t.,

H. WINGATE, President,

To the Hon. Charles A. Wickliffe,

Speaker of the Senate,

Ordered, That the said report be referred
A bill from the House of Representatives,
election precinct in Casey county, was read 1
Resolved, That the said bill do pass and tha
said.

And then the Senate adjourned.

FRIDAY, JANUARY 4, 1839.

Mr. Willis presented the petition of John S. Lasly, praying for a change
of venue in a prosecution against him in Hardin Circuit Court.

Mr. Beatty presented the petition of sundry citizens, praying that Walker
Reed shall be placed upon an equal footing, in point of salary, with other
Circuit Judges in this State.

Also, the petition of Thomas Y. Payne, guardian of the infant children
of James J. Ross, praying for the passage of a law authorizing a sale of cei-
tain real estate belonging to his wards.

Also, the petition of Eliza B. Langhorne and Henry Waller, praying for
the passage of a law authorizing a sale of certain real estate in the city of
Maysville, of which John T. Langhorne died seized.

JOURNAL OF THE SENATE.

[Jan. 4,

Also, the petition of the Mayor and Council of the city of Maysville,
praying that they may be authorized to levy a tax on foreign insurance
companies, who have agents in said city,

Mr. Murrell presented the petition of William Pointer, guardian of the
infant children of Ruth Pointer, and of Polly Pointer, praying for the pas.
sage of a law authorizing a sale of a tract of land in Barren county, which
descended to his said wards from their mothers.

Which petitions were received and referred; the first to the committee
of Propositions and Grievances, and the others to the committee on the Ju-
diciary.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments proposed by the Senate to bills
from that Plouse of the following titles, viz:

An act for the benefit of the Sheriff of Shelby county.

An act authorizing the Auditor of Public Accounts to receive the delin-
quent lists of the Sheriff of Jefferson county.

That they had passed a bill from the Senate, entitled, an act for the benefit
of the Sheriff of Lawrence county.

And concurred in resolutions from the Senate respecting the enticing
away the slaves of the citizens of Kentucky by the citizens of other States.

And that they had passed bills of the following titles, viz:

An act to change the names of James Jameson and George Rook.

An act to authorize certain land warrants to be surveyed in the copnty of
Clinton.

An act to repeal the fourth section of an act, entitled, an act to establish
a State road from Flin’s old ferry across the Ohio river, in the county of
Livingston, to Princeton, in Caldwell county, and for other purposes, ap¬
proved 25th February, 1836.

An act in relation to the roads in Clay and Perry counties.

An act for the benefit of Thomas J. Paris.

An act to establish the town of Pleasant Hill, in Calloway county.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
bills from the House of Representatives of the following titles, viz:

1. An act for the benefit of the heirs and representatives of Eliza Murray,
deceased.

2. An act allowing further time to enter and survey Kentucky land war¬
rants and to return plats and certificates of survey.

3. An act to incorporate the town of Francisburg, in Union county.

4. An act for the benefit of Willie Sugg—reported the same without
amendment.

Ordered, That the said bills be read a third time.

Jan. 4.]

JOURNAL OF THE SENATE.

The constitutional rule as to the third reading of the first and fourth bills
ing d .

Resolved , That the

being dispensed with, ^ ^ do pagS) and that the titles thereof be as

Mr Guthrie, from the same committee, to whom was referred bills from

; House of Representatives of the following titles, vizt
a nr t to establish the town of Rochester.

In act to amend an act, entitled, an act to amend an act incorporating
e loAvn of Steamport, in the county of Henderson, reported the same with

nendmbnts to each—which were, concurred in.

Ordered, That the said bills be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with, .
Resolved, That the said bills, as amended, do pass, and that the tit es

ereof be as aforesaid,

Mr Willis, from the committee of Propositions and Grievances, to whom
as referred bills from the House of Representatives of the Mowing titles,

An act to allow an additional Justice of the Peace to the county of Clay.
An act to allow an addditional Constable to the county ol Logan-re-

orted the same without amendment.

Ordered, That the said bills be read a third time. _

The constitutional rule as to the third reading being dispensed with
Resolved, That the said bills do pass, and that the titles thereof be as afore-

“Jr Ballinger, from the committee of Internal Improvement, to whom
ras referred a bill for the benefit of the Lunatic Asylum, reported the same
nth amendments, which were concurred in; and being further amended the
i __ __on,,! Vnll mid readme it again a thud

Schooling,
Walker, C. J
Willis,
Young, S.—

JOURNAL OP THE SENATE.

[Jan. 4

Mr. Ballinger, from the same committee, to whom was referred a bill I
from the House of Representatives, entitled, an act further to enforce the s
payment of the State’s dividends, declared by certain incorporated com. 1
panies, and for other purposes, reported the same with amendments—which
were concurred in, and the said bill was referred to the committee on the f I
Judiciary.

Mr. Barlow, from the committee of Enrollments, reported that the com. '■
mittee had examined enrolled bills which originated in the House of Repre. IS
sentatives of the following titles, viz:

An act to amend the charter of the city of Maysville.

An act to have the line run and marked between the counties of Morgan -
and Floyd.

An act for the benefit of Margaret Iloltzclaw.

An act for the benefit of William Gross.

An act to change the name of Josiah Cusick, Margarette Cusick and i
Samuel Cusick.

An act for the benefit of Anne Dix and Elizabeth Maria Dix.

An act allowing an additional Justice of the Peace to Butler county.

An act for the benefit of Nancy L. McCulloch.

An act for the benefit of the infant heirs of Plenry Crittenden, deceased. ^

An act for the benefit of George Knox.

An act to change the place of voting in the Stephensport precinct, in "
Brackinridge county.

An act to run and mark the line dividing the counties of Knox and Whit-
ley.

An act to incorporate the Hopkinsville Female Academy.

An act for the benefit of the Sheriff of Shelby county.

An act authorizing the Auditor of Public Accounts to receive the de- '•
linquent lists of the Sheriffs of Jefferson, Nicholas, Monroe, Barren and Clarke i
counties.

An act to allow an additional Justice of the Peace and Constables to cer- i
tain counties,

An act for the benefit of James L. Todd, a lunatic.

An act for the benefit of William Kerehival.

An act to release from forfeiture, and remit the taxes on certain lands j
belonging to the estate of George Morris, deceased.

An act for the benefit of James Henson and George W. McLeod.

An act to change the place of voting in the Floydsburg precinct, in f-
Oldham county.

, An act for the benefit of the Clerk of the Washington County Court.

An act for the benefit of James M. H ans on,

An act to establish an additional election precinct in Ohio county.

Jan. 4.]

JOURNAL OF THE SENATE.

lAnTcUo amend an act, entitled, an act to establish the town of Pe-
Hrsburg, in Boone county, approved January IT, ISIS.

An act for the benefit of the Clerks of this Commonwealth
An act for the benefit of the heirs and representatives of Ihomas Jas¬
per, deceased. . c , .

| An a ct to incorporate the Louisa Literary Society.

| An act to complete the State road from Mountsterling, by way of
Prestonsburg, to the Virginia line.

■ An act authorizing the Register to issue a patent in the name ofBarna-

^M act to legalize the proceedings of the 74th Regiment of Kentucky

Militia, and for other purposes. . , ..

9 And enrolled bills and resolutions which originated in the Senate ol the

following titles, viz:

I An act to change the January term of the General Couit.

J * An act for the benefit of Lucy Jacobs.

An act for the benefit of William Butler, Clerk of the Monroe County

■ Joint resolutions respecting the enticing away the slaves of the citizens of
Kentucky, by the citizens of other States.

And had found the same truely enrolled.

I The said bills and resolutions being signed by the Speaker of the House
of Representatives, the Speaker of the Senate affixed his signature thereto;
and they were delivered to the committee to be presented to the Governor
for his approbation and signature. After a short time Mr. Barlow reported
that the committee had performed that duty.

| A message was received from the Governor, by Mr. Bullock, Secretary
of State, announcing that he approved and signed the said resolutions.

; Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act to
establish a state road from Litchfield, in Grayson county, to Munlordsvill,
in Hart county, reported the same without amendment.

Ordered, That the said bill be read a third time.

' The constitutional rule as to the third reading being dsipensed with,

■ Resolved, That the said bill do pass, and that the title thereof be as afore'
said.

The following bills were reported, viz:

•’ By Mr. Guthrie, from the committee on the Judiciary—I. A bill for the
benefit of Joseph Allen.

.• . 2. A bill for the benefit of the heirs of John C. Self.

JOURNAL OF THE SENATE.

[Jan. {

By Mr. Willis, from the committee of Propositions and Grievances—3,
A bill to change the time of holding the Green Circuit Court.

By Mr. Jasper, from a select committee—4. A bill for the benefit of the
Sheriff of Wanye county.

By Mr. Ballinger, from the committee of Internal Improvement—5. A
bill authorizing the Board of Public Works, to cause to be constructed,
suitable buildings for the public offices, and for other purposes.

By Mr. Nuttall, from a select committee—6. A bill to amend the law con-
Cerning the action of trespass.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rtile as to the second reading of the said bills being
dispensed with, the 1st, 2d, 3d and 4th were ordered to be engrossed and
read a third time; the 5th was referred to the committee of Internal Ini.
provement; and the 6th to the committee on the Judiciary, and the Public
Printer ordered to print 150 copies of the 5th and 6th for the use of the
General Assembly.

Mr. Beatty offered the following resolution, viz:

Resolved by the Senate and House of Representatives, That they will, on
the fifth day of January, instant, proceed, by joint vote, to ellect too Com¬
missioners to proceed to Columbus, in the State of Ohio, in pursuance of the
joint resolutions, passed by the two Houses, and approved by the Governor,
in relation to enticing away the slaves of citizens of Kentucky, by citizens
of other States.

Mr. Beatty moved to dispense with the rule of the Senate requiring the
said resolution to lie on the table one day.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. J. S. Morgan and
Wallace, were as follows, viz:

Those who voted in the affirmative were-

Messrs.Ballinger,

Barlow,

Beatty,

Bradshaw,

Clarke,

De Courcy,
Guthrie,
Hanson,
Huston,

James,
Johnston,
Morgan, J. S.
Murrell,
Nuttall,

Pitts,

Pratt,

Rice,

Schooling,

Walker, C. J.
Walker, J. V.
Wallace,
Watkins,
Weller,
Wickliffe,
Wingate,
Young, S.—26.

Those who voted in the negative were—

Messrs. Burnett,
Dixon,

Jasper,

Jesup,

Tomlinson,
Willis—7.

\ The said resolution was then twice read ana aaopieu.

After a short time, a message was received from the House of Represen¬
tatives, announcing that they had concurred in the said resolution.

I Mr p itts read and laid on the table the following resolution, viz:

Resolved That the President of the Board of Internal Improvement be
Ipnuested to inform this House, whether they have or have not had under
Consideration, the propriety of reducing and graduating the salaries of the
different Engineers in the employment of the State, and what action, it any,
has been had by the Board upon that subject.

Leave was given to bring in the following bills, viz:

I On the motion of Mr. Hanson—1. A bill authorizing the Clarke County

Court to appoint a Treasurer. „ , _

I On the motion of Mr. James-2. A bill for the benefit of the Commis-
lioner for taking in a list of the taxable property for the county of McCrack¬
en, for the year 1837.

[ On the motion of Mr. Wickliffe-
of Appeals, and for other purposes,

I On the motion of Mr. Burnett—4. A bill more

I icrhts of revertionary legatee's.

°On the motion of Mr. Pitts—5. A bill to establis
ford, by lock and dam No. 3, on Green river, to R
[ The committee of Finance was directed to pre]
and 2d; the committee on the Judiciary the 4th; I
and Hanson, were appointed a committee to prep:
and Messrs. Pitts, Burnett and Nuttall the 5th.

And then the Senate adjourned,

■3, A bill to alter the terms of the Court

SATURDAY, JANUARY 5, 1839.

' Mr. S. Young presented the petition of John Ortkies, and Catharine, his
"wife, praying for the passage of a law, legalizing their maniage and legiti¬
mizing their son—which was received and referred to the committee ol Re-
ligion.

On the motion of Mr. Wickliffe, a message was sent to the House of kep-
..resentatives, informing them that the Senate are now ready to pioceed to
the election of two Commissioners, in pursuance of the resolutions lespect-

JOURNAL OF THE SENATE.

[Jan. 5 ,

ing the enticing away the slaves of citizens of this State, by the citizens of
other States.

A message was received from the House of Representatives, announcing
that they were ready to proceed to the said election. After interchanging l
nominations, the Senate proceeded to take the vote, which stood thus:

Those who voted for Mr. J. T. Morehead were-

;. Ballinger,

Huston,

Tomlinson,

Barlow,

James,

Walker, C. J.

Beatty,

Jasper,

Walker, J. V..

Bradshaw,

Jesup,

Wallace,

Burnett,

Johnston,

Watkins,

Clarke,

Morgan, J. S.

Weller,

De Courcy,

Murrell,

Wield iffe,

Dixon,

Pitts,

Willis,

Ford,

Pratt,

Rice,

Wingate,

Guthrie,

Young, S.—35

Hanson,

Schooling,

Those who voted for Mr. John Speedsmith

were—

i. Ballinger,

Huston,

Tomlinson,

Barlow,

James,

Walker, C. J.

Beatty,

Jasper,

Walker, J. V.

Bradshaw,

Johnston,

Wallace,

Burnett,

Morgan, J. S.

Watkins,

Clarke,

Murrell,

Weller,

De Courcy,

Pitts,

Wickliffe,

Dixon,

Pratt,

Willis,

Ford,

Rice,

Wingate,

Guthrie,

Schooling,

Young, S.—31.

Hanson,

Messrs. Beatty and Wingate were appointed a committee on the part of
the Senate, to compare the joint vote of both Houses, and report the result.
After a short time, Mr. Beatty reported that Messrs. James T. Morehead
and John Speedsmith had received a unanimous vote of the House of Repre¬
sentatives; that in the Senate, Mr. Morehead had received 32 votes, and Mr,
Speedsmith 31 votes—whereupon, James T. Morehead and John Speed-
smith were declared to be duly elected.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
a bill from the House of Representatives, entitled, an act to amend an act,
entitled, an act establishing the town of Ghent, in Gallatin county, reported
the same without amendment.

Ordered , That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved , That the said bill do pass, and that the title thereof be as afore'
said.

JOURNAL OF THE SENATE. 99

committee, to whom was referred a bill from
entitled, an act to extend the powers of the
of Burksville, reported the same with an amendment

third time, as amended,
if Religion, to whom was referred the
for a divorce from her husband, re-

Jan. 5.]

| Mr. Guthrie, from the same

th e House of Representatives,
trustees of the town c. _ -

which was concurred in.

Ordered, That the said bill be read a
Mr. Wingate, from the committee o:

■petition of Frances M. Talbott, praying
‘ted the following resolution thereon, viz:

$ Resolved, That the said petition be rejected—which was concurred m.

Mr. Wingate, from the same committee, to whom was reierred a bill
| rom the House of Representatives, entitled, an act for the benefit of Adam
R. Walker, reported the same with an amendment—which was concur-

| Ordered, That the said bill be read a third time, as amended.

Mr. Wingate, from the same committee, to whom was referred a bill from
Ithe House of Representatives, entitled, an act for the benefit of Nelson
(Dyer, reported the same with the opinion of the committee that it ought

Snot to pass. . . . ,

! The question being taken on reading the said bill a third time, it was de¬
luded in the negative; and so the said bill was disagreed to.

Mr. Ballinger, from the committee of Internal Improvement, to whom
Iwas referred a bill from the House of Representatives, entitled, an act for the
■benefit of Jeremiah Smith, of Clay county, reported the same with an amend-
l^t-which was concurred in, and the said bill was recommitted to the

1U0

JOURNAL OF THE SENATE.

[Jan. 5 .

The yeas and nays being required thereon by Messrs. Willis and J. g,
Morgan, were as follows, viz:

Those who voted in the affirmative were—

Messrs, Barlow,

Huston,

Tomlinson,

Beatty,

Johnston,

Walker, C. J.

Burnett,

Morgan, J. S.

Walker, J. V.

De Courcy,

Murrell,

Wallace,

Dixon,

Pratt,

Watkins,

Ford,

Hanson,

Schooling,

Willis—19.

Those who voted in the negative

were—

Messrs. Ballinger,

Jasper,

Weller,

Bradshaw,

Jesup,

Wickliffe,

Clarke,

Nuttall,

Wingate,

Guthrie,

James,

Rice,

Young, S.—13.

Mr. Hanson, from the same committee, to whom was referred a bill for the
benefit of Joseph Dawson, reported the same with an amendment—which
was concurred in.

Ordered , That the said bill be engrossed and read a third time.

Mr. Beatty, from the committee on Education, to whom was referred
bills from the House of Representatives of the following titles, viz:

An act to amend the charter of St. Josephs College:

An act to amend the charter of Centre College, reported the same with
amendments to each—which were concurred in.

Ordered, That the said bills be read a third time, as amended.

A message was received from the House of Representatives, announcing
that they had passed a bill, entitled, an act to allow additional Constables
to the counties of Spencer and Calloway.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Wickliffe—1. A bill to extend to the Southwestern
Railroad Bank the privilege to locate a branch of said Bank in this State,
and for other purposes.

On the motion of Mr. Barlow—2. A bill to amend an act, entitled, an
act for the benefit of William Butler, Clerk of the Monroe County Court,
approved January 5th, 1839.

On the motion of Mr. Guthrie—3. A bill to amend an act, entitled, an
act to establish the Louisville Chancery Court.

On the motion of Mr. Willis—4. A bill for the benefit of the Sheriff of
Green county.

On the motion of Mr. De Courcy—5. A bill for the benefit of Sithy Ellis.

On the motion of Mr. James—6. A bill authorizing a fund to be raised by

Jan. 5.]

lottery, for the endowment of a

Pa On?he motion of'Mn Willis-7. A bill to legalize the proceedings of the
lurt of Assessment of the 16th regiment of Kentucky militia.

^Messrs. Wickliffe, Wingate and Clarke were appointed a committee to
prepare and bring in the 1st; Messrs. Barlow, Murrell and Ballinger the 2d;
MpLs James, Watkins and Johnston the 6th: the committee on the Ju
diciary was directed to prepare and bring in the 3d and 5th; the committee
of Finance the 4th; and the committee on Military Affairs the /th.

| Mr Wallace moved the following resolution, viz:

■ , 77 ,, That the Governor he requested to cause to be

inst.° a national salute, In
fired, on the pu q ’ victory obtained bv the American troops,

on the 8th o y f January, 1815.

A Mr. Beatty moved that the said resolution be laid on the table.

I The question being taken thereon, it was decided in the negative.

I The yeas and nays being required thereon by Messrs. Beatty and Jasper,

yrere as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger, Bradshaw,

Beatty,

Those who voted in the n

Messrs. Barlow, Huston,

Burnett, James,

Clarke, Jasper,

De Courcy, Jesup,

Dixon, Johnston,

Ford, Nuttall,

Guthrie, Pitts,

Hanson, Pratt,

The said resolution was then adopted,

The following bills were reported, viz
I By Mr. Dixon—1. A bill to establish tin
* By Mr. Guthrie, from the committee 01
sing the acts of the Clerk pro tem. of the
f 3. A bill for the better confirmation of
claiming under conveyances from married
not recorded in proper time.

.• 4. A bill to incorporate the Kentucky and Louisville Mutual Insurance

■■Company.

! By Mr. Wingate, from the committee on Religion—5. A bill for the di-
Bvorce of Sarah Jane Phelps.

the town of

Schooling,
Tomlinson,
Walker, C. J,
Walker, J. V.
Wallace,
Willis,

Wingate—23

102 JOURNAL' OF THE SENATE. [Jan, 5 ,

By Mr. Ballinger, from the committee of Internal Improvement—,6 \
bill to amend the charter of the Logan, Todd and Christian Turnpike Road
Company.

By Mr. Hanson, from the committee of Finance—7. A bill giving Sheriffs
further time to return their delinquent lists of revenue tax for 1S38.

S. An act for the benefit of Samuel Ingram, late Sheriff of Marion county,

9. An act for the benefit of John Hollingsworth.

10. An act for the benefit of the Sheriff of Adair county.

By Mr. Wickliffe—11. A bill chnnging the terms of the Court of Ap.
peals, and for other purposes.

By Mr. Barlow—12. A bill to amend an act, entitled, an act for the bene-
fit of William Butler, Clerk of the Monroe County Court, approved January
5th, 1839.

Which bills were severally read the first time, and ordered to be reads
second time.

The constitutional rule as to the second reading of the 1st, 2d, 3d, 4th,
5th, 6th, 9th and 11th bills being dispensed with, the 1st, 2d and 11th were
referred to the committee on the Judiciary; the 6th to the committee of
Internal Improvement; and the 2d, 4th, 5th and 9th were ordered to be en¬
grossed and read a third time.

The constitutional rule as to the second and third readings of the 7th, 8th,
10th and 12th bills being dispensed with, and the same being engrossed,

Resolved, That the said bills do pass, and that the titles thereof be as afore,
said.

Ordered, That the Public Printer print 150 copies of the first and third
bills for the use of the General Assembly.

The resolution calling upon the President of the Board of Internal Im¬
provement for information in relation to the salaries of the Engineers, of¬
fered by Mr. Pitts on yesterday, was taken up and adopted.

On the motion of Mr. Weller, a message was sent to the House of Rep-
resentatives, requesting leave to withdraw the report that the Senate had
disagreed to a bill from that House, entitled, and act for the benefit of Henry
G. A. Blankman.

On the motion of Mr, Nuttall, a message was sent to the House of Rep¬
resentatives, requesting leave to withdraw the report of the disagreement of
the Senate to a bill from that House, entitled, an act for the benefit of Ke-
ziah Craycraft. The said bills were returned to the Senate.

On the motion of Mr. Weller, the vote disagreeing to the former bill was
reconsidered.

And then the Senate adjourned.

JOURNAL OF THE SENATE.

I , Mr Guthrie presented the peuuou ui

Irixof the estate of Franklin C. Averill, praying for the passage of a law
Authorizing a sale of real estate, to pay the debts of the deceased.

2 Mr Ford presented the petition of Martha Anderson, a poor person
without hands and arms, praying for an appropriation for her support.

O Mr Beatty presented the memorial of the Kentucky State Agncul-
Ltl Society, praying for the passage of a law establishing and endowing
a sc hool of Agriculture for the State of Kentucky. _

Which were received and referred; the 1st to the committee on the Ju¬
diciary; the 2 d to the committee on Propositions and Grievances; and the

id to the committee on Education. .

Ordered, That the Public Printer print 150 copies of the said memorial

for the use of the General Assembly.

The following bills were reported, viz:

By Mr. Guthrie, from the committee on the Judiciary—1. A bill lor the
benefit of the estate of Leonard Hamilton, deceased.

2. A bill for the benefit of the heirs of John G. Evans, and the heirs of

■Tames Wilson.

By Mr. Hanson, from the committee on Finance—3. A bill foi the

benefit of the Sheriff of Green county.

4 A bill for the benefit of Anderson Dunn and Isaac Hemmingway.

[ By Mr. Rice—5. A bill giving Harris W. Thompson, late deputy Sherif
■of Greenup county, further time to return his delinquent list of mustei lines
[ igy Mr. Pitts_6. A bill to make an addition to the town of Rochester

in Butler county. , . , -, ,

Which bills were severally read the first time, and ordered to be lead i

t econd time. , ...

The constitutional rule as to the second reading being dispensed with
he 1st, 2d, 3d, 4th and 5th were ordered to be engrossed and read a thin
ime; and the 6th was referred to the committee on the Judiciary.

JOURNAL OF THE SENATE.

[J*r. ?,

On the motion of Mr. Nuttal, the vote disagreeing to a bill from the
House of Representatives, entitled, an act for the benefit of Keziah Cray,
craft, was reconsidered.

Resolved, That the said bill do pass, and that the title thereof be as afore,
said.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Wingate—1. A bill to reduce into one the several
acts in relation to the town of Frankfort, and for other purposes.

On the motion of Mr. Rice—2. A bill to change the time of holding the
Carter County Court.

On the motion of Mr. Pitts—3. A bill to make it the duty of the emanci¬
pator of slaves to provide the means for their transportation to some colony
on the shores of Africa.

On the motion of Mr. Jesup—4. A bill to incorporate the Mount Ver.
non Academy, in Christian county.

On the motion of Mr. Nuttall—5. A bill to extend the ca. sa. law to breach¬
es of marriage contracts.

Messrs. Wingate, Burnett and Pitts were appointed a committee to pre.
pare and bring in the 1st; Messrs. Rice, Hanson and Huston the 2d;
Messrs. Nuttall, S. Young and J. S. Morgan the 5th; the committee on the
Judiciary was directed to prepare and bring in the 3d; and the committee
on Education the 4th.

The Senate resumed the consideration of a bill from the House of Rep.
resentatives, entitled, an act for the benefit of Henry G. A. Blankman.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

An engrossed bill, entitled, an act for the behefit of the Sheriff of Wayne
county, was read the third time and laid on the table.

Engrossed bills of the following titles, viz:

An act to authorize the Clerk of Trigg county to record certain deeds.

An act for the benefit of Joseph Allen.

An act for the benefit of the heirs of John C. Self.

An act to change the time of holding the Green Circuit Court.

An act for the benefit of Joseph Dawson.

An act legalizing the appointment and acts of the Clerk pro tern, of the
Gallatin Circuit Court.

An act to incorporate the Kentucky and Louisville Mutual Insurance
Company.

An act for the divorce of Sarah Jane Phelps.

An act for the benefit of John Hollingsworth—were severally read the
third time.

V :

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N. ?

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’ray. ’

fore. [

veral

5 the

anci-,
lorry

JOURNAL OF THE SENATE.

lyne

the

.nee

the

.... . _ 105

Jan. 7.j

I Reso i ve d, That the said bills do pass, and that the titles thereof be as afore-

iBills from the House of Representatives of the following titles, viz:

I 1. An act to change the name of Green Ruby to that of Green kei ey.

| 2. An act to amend the charter of Center College.

I 3. An act to amend the charter of St. Joseph’s College.

I 4. An act for the benefit of Adam R. Walter.

I 5. An act to extend the powers of the trustees of the town of Burksville,
4vere severally read the first time, as amended.

I Resolved, That the said bills, as amended, do pass, and that the titles ol
1st, 2d, 3d and 5th be as aforesaid; and that the title ol the 4th be amended
to read, an act for the divorce of Adam R. Walker.

I Bills from the House of Representatives of the following titles, viz:

An act to incorporate the town of Francisburg, in Union county.

An act allowing further time to enter and survey Kentucky land w at -
•ants and to return plats and certificates of survey.

An act for the benefit of Mary Kimes—were severally read the third

;ime.

Resolved, That the said bills do pass, and that the titles thereof be as
.foresaid.

Bills from the House of Representatives of the following titles, viz:

1. An act to authorize certain land warrants to be surveyed in the county
jbf Clinton.

[ 2. An act to repeal the fifth section of an act, entitled, an act to establish
a State road from Flin’s old ferry across the Ohio river, in the county of
Livingston, to Princeton, in Caldwell county, and for other purposes, ap¬
proved 25th February, 1S36.

* ' 3. An act in relation to the roads in Clay and Perry counties.

Ba B . 4. An act for the benefit of Thomas J. Paris.

I 5. An act to establish the town of Pleasant Hill, in Calloway county.

I 6. An act to allow an additional Constables to the counties of Spencer
'and Calloway.

j 7. An act to change the names of James Jameson and George Rook.

[• Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st and 5th were referred to the committee on the Ju¬
diciary; the 2d and 3d to the committee of Internal Improvement; the 4th
to the committee of Religion; and the 6th and 7th to the committee of
Propositions and Grievances.

- A message was received from the House of Representatives, announcing

JOURNAL OF THE SENATE.

[Jan. 8,

that they had disagreed to a bill from the Senate, entitled, an act for the
benefit of Hiram Philips.

That they had passed bills from the Senate of the following titles, viz:

An act providing that certain legacies and devises shall not lapse.

An act to continue in force an act to allow the Independent Banks of this
Commonwealth, further time to collect and settle their concerns, approved
January 4, 1S36, and for other purposes.

An act for the benefit of the Sheriffs of Owen and Butler counties, with
amendments to the last named bill—which amendments were twice read
and concurred in.

And also that they had passed bills of the following titles, viz:

1. An act for the benefit of John Cobb,' Ilezekiah Willis, Perry Waters
and Stephen Burch.

2. An act for the benefit of the Sheriffs of Christian, Wayne and Pulaski
counties.

3. An act to authorize the citizens of Louisville to raise and organize a
militia corps, to be styled the Louisville Legion.

4. An act for the benefit of Henry Clay, Jr.

5. An act concerning the Meade Circuit Court.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with, the
1st, 2d and 4th were referred to the committee of Finance; the 3d to the
committee on Military Affairs; and the 5th to the committee on the Judi¬
ciary.

On the motion of Mr. Hanson, the committee of the whole House, on the
state of the Commonwealth, were discharged from the further consideration
of a bill to regulate the administration and settlement of estates, and the
said bill was referred to the committee on the Judiciary.

And then the Senate adjourned.

TUESDAY, JANUARY 8, 1839.

Mr. Daniel Morgan, a member of the Senate fi'om the thirty fifth Sena¬
torial District, appeared and took his seat.

1. Mr. Nuttall presented the petition of sundiy citizens of Oldham coun¬
ty, praying that the county seat of said county may be established at the
town of Westport.

. s,

the

this

ved

ead

ters
aski
;e a

id a

the

udi-

the

tion

the

:na j

un-

the

’ Mason W. Sherrill, a Justice ot
died with the law books to which
his possession having been des-

of William Kouns, and othei's, pray-
license, free from the pay-

■ ■ s of the town of
Bank of Kentucky be chartered, that

referred to the committee of
of Finance, and the

3 Mr. Willis presented the petition of
e Peace, praying that he may be farms]

, s tices are entitled, those which were in
ived'by the burning of his house.

3. Mr. Rice presented the petition
„ that he may be authorized to obtain tavern
ent of the Commonwealth’s tax.

4. Mr. Weller presented the memorial of sundry citizens

nithland, praying that it a Southern 1-

branch may be located in said town.

Which were received; the 1st and 2d were
repositions and Grievances; the 3d to the committee
h to the committee on Banks.

On the motion of Mr. Ford, the committee of Propositions an
ices was discharged from tha further consideration of the petitio

.. th fi said netition was referred to the committe

108

JOURNAL OF THE SENATE.

[Jan. 8.

The constitutional rule as to the third reading being dsipensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer,
red the petition of Martha A. Walker, and the petition of Thomas Y. Payne,
guardian of the infant children of James J. Ross, reported the following re-
solution thereon, viz:

Resolved, That the said petitions be rejected—which was concurred in.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act concerning the Meade Circuit
Court, reported the same without amendment.

Ordered, That the said bill be read a third time.

Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled an act for the
benefit of John Black, reported the same with the opinion of the committee
that it ought not to pass.

The question being taken on reading the said bill a third time, it,was de¬
cided in the negative; and so the said bill was disagreed to.

The following bills were reported from the committees appointed to pre¬
pare and bring in the same, viz:

By. Mr. Guthrie, from the committee on the Judiciary—1. A bill for the
benefit of Robert and Jane Middleton.

2. A bill for the benefit of the heirs of Ruth and Polly Pointer.

3. A bill for the benefit of George H. Clements, and others.

4. A bill for the benefit of the heirs of John T. Langhorne.

By Mr. Willis, from the committee of Propositions and Grievances—5.
A bill to authorize a change of venue in the trial of John »S. Lasley.

By Mr. Rice, from a select committee—6. A bill to change the time of
holding the Carter County Court.

By Mr. James, from a select committee—7. A bill authorizing a fund to
be raised by lottery, for the endowment of a male and female Academy, in
the town of Paducah, and lor other purposes.

By. Mr. Bitts, from a select committee—8. A bill to establish a State road
from Hartford to Russellville.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with, the
1st, 2d, 3d, 4th and 6th were ordered to be engrossed and read a third time;
the 5th was referred to the committee on the Judiciary; the 7th to the com¬
mittee on Education, and the 8th to the committee of Internal Improve¬
ment.

On the motion of Mr. Hanson, the committee of Finance was discharged

j JOURNAL OF THE SENATE. 109

Jan. S.J

f tllp d utV of preparing and bringing in a bill for the benefit of the com¬
moner for'taking in a list of-taxable property, for the county of McCrack-

C “o^the motionofMr. Pitts, the rule of the Senate, limiting the number
of the members of the committee on the Penitentiary to five, was suspended,
and Mr. D. Morgan was added to the said committee.

I On the motion of Mr. Beatty, _ .

K,’solved That the committee on Military Affairs be instructed to inquire
• J' me expediency of repealing so much of an act authorizing the Governor
mt o ide for the collecting together, and safe keeping of the public arms,

^Eves him discretionary power to distribute said arms, and accoutrements
•unoim the different volunteer companies, or troops of the militia ol this
Statef and that said committee have leave to report by bill or otherwise.

■ jyj r Ford moved the following resolution, viz:

WResoived, That the committee on Education be instructed to inquire into

the propriety of so amending the act, approved February the 16th, 1838,
to establish a system of Common Schools in this Commonwealth, as to au¬
thorize at public expence, to be educated a competent number'of young
1, for teachers of Common Schools in this Commonwealth; and whether
suitable endowments should not be made, with a view to the attainriient of
that desirable object, in addition to what have been already made to Tram
svlvania University, the Southern, Cumberland, Centre and Augusty Col-
l£es, or to any other College, or literary mstitution or institutions in this
State, and report by bill or otherwise.

■ On the motion of Mr. James, the said resolution was amended by insert¬
ing' the word “poor” before the words “young men,” printed in italics.

I The said resolution was then adopted.

On the motion of Mr. Rice,

mResolved That the committee of Internal Improvement be instructed to
inquire into the expediency of making an appropriation sufficient to com¬
plete the turnpike road from Owingsville to the mouth ol Lig >- andy ; an
directing, by law, the Board of Internal Improvement, to put the residue oi
said road under contract as soon as practicable, and that they report by bill
or otherwise.

Leave was given to bring in the following bills, viz.

I On the motion of Mr. Barlow—1. A bill to amend an act, entitled, an act
to incorporate the town of Albany, in Clinton county, and Ballaidsville, in
Qldham county, approved January 27, 1S3S.

I On the motion of Mr. Guthrie—2. A bill for the benefit of Joseph Bar-

hour.

■ On the motion of Mr. Rice—3. A bill to amend an act to incorporate the
turnpike road company from Poplar Plains, in Fleming county, to Louisa, in
• Lawrence county, approved February 29th, 1836.

| On the motion of Mr. Johnston—4. A bill to provide for rebinding cei -
tain record books of the Shelby County Court.

JOURNAL OF THE SENATE,

A bill to establish a turnpike road fr 0 J

appointed a committee i,*
C. J. Walker and Huston tU

On the motion of Mr. Murrell—5
Muldrow’s hill turnpike to Glasgow,

Messrs. Barlow, Jasper and Bradshaw
prepare and bring in the 1st; Messrs. Ric

Johnston, Murrel and Ballinger the 4th; and the committee c
directed to prepare and bring in the 2d and 5([_
sent to the House of Reg
■eementoi

act for the benefit of j\ T c |,

were

3d; Messi-

Internal Improvement

On the motion of Mr. Ballinger

resentatives, requesting leave to withdraw the report of the disa:
the Senate to a bill from that House, entitled,
son Dyer. The said bill being returned to the Senate, on the motion of JR
Ballinger, the vote was reconsidered by which it was disagreed to, andii
was referred to the committee of Religion.

On the motion of Mr. Barlow,

Resolved, That the committee on Military Affairs be instructed to inquire
into the expediency of so amending the militia law,

to exempt those that!

A message was received from the House of Representatives, announcing
that they had passed a bill from the Senate, entitled, an act to amend the
charter of the Lexington and Georgetown turnpike road company, with an
amendment.

The said bill and amendment were referred to the committee of Internal
Improvement.

A message was received from the House of Representatives, announcing
the passage of bills of the following titles, viz:

1. An act to amend the several acts concerning the towns of Paris and
Elizabethtown.

2. An act to provide a standard of weights and measures for the several
counties of this State.

3. An act for the benefit of the estate of Edmund Hall, deceased.

Jan. 8/J

JOURNAL OF THE SENATE.

that

jO An act authorizing Thomas Bratcher to build a mill dam across Caney

Tk. act to reduce the bound, of the tor.u of Bro»n,boro„gh.

6 An act authorizing the trustees of the town ol Bedford to leduce the
width of a certain street therein, and to sell the part so stricken oil.

7. An act for the benefit of John Griffith, guardian of the heirs of John

C °8 W An act tt change a part of the State road from Brandenburg to Bow-

1U1 f An'act for the benefit of the Sheriffs of Franklin and Woodford coun-

l 1o. An act to preserve the original manuscript of the annual messages
of the Governors of this State.

11. An act to amend an act to establish a ferry across the Ohio river at

;\± An act to abolish certain streets, and parts ol streets, m the town of

Clinton; in Trigg county. , „ , _ . r ,, ,

if 13. An act to incorporate the trustees of Rock Spring Ghurc l.

114. An act supplementary to an act, approved the 12th of February,
183S, for the benefit of Isaac Young.

■ l 5 . An act for the benefit of John W. Flora.

■ Which bills were severally read the first time, and ordered to be read a
second time.

■The constitutional rule as to the second reading ol the said bills being
dispensed with, they were referred; the 1st, 2d, 6th, 7th, 11th, 12th, 14th
and 15th to the committee on the Judiciary; the 3d, 4th and 8th to the
committee of Internal Improvement; the 5th to the committee ot Propo¬
sitions and Grievances ; the 9th to the committee on Military Affairs; the
10th to the committee on Public Offices; and the 13th to the committee of

Religion.

And then the Senate adjourned.

JOURNAL OF THE SENATE.

[Jan, g,

WEDNESDAY, JANUARY 9, 1S39.

' D- Morgan presented the petition of sundry citizens of Flemitw
countv, praying that the salary of Walker Reid may be the same as received
by other Circuit Judges.

2. Mr. Wingate presented the petition of the Board of Internal Improve,
ment of Anderson county, praying for an appropriation to pay the amount
which the Board now ows for making their road.

3. Also, the petition of Daniel Allnutt, guardian of his children, William
and Mary Elizabeth Allnutt, praying for the passage of a law authorizing
a conveyance ot the interest of his said wards, in a tract of land in Fay
ette county, devised to them by their grandfather, Horatio Johnson.

4. Mr. Pitts presented the petition of William E. Dixon, praying for the
passage of a law by which he shall obtain the damages sustained by him
hom the water at lock and dam No. 3 overflowing his mill on Big Muddy

Which were received; the 1st and 3d were referred to the committee on

the Judiciary, and the 2d and 4th to the committee of Internal Improve
ment. 1

A message was received from the House of Representatives, announces
tint they had passed a bill from the Senate, entitled, an act for the benefit
of Matthew Reid, and the infant children of Samuel M. Smith, deceased.

And that they had passed a bill, entitled, an act to authorize the trustees
oi 1 ans to sell a certain lot and street therein.

The said bill was read the first time, and ordered to be read a second time.
r he constitutional rule as to the second reading being dispensed with,
the said bill was referred to the committee on the Judiciary.

Mr. Guthrie from the committee on the Judiciary, to whom was refer-
red bills from the House of Representatives, entitled, an act for the benefit
of John Griffin guardian of the heirs of John Conway, Jr. deceased, and
an act to provide a standard of weights and measures for the several coun¬
ties in this State, reported the same with amendments to each—which were
concurred in.

Ordered, That the said bills be read a third time, as amended.
pe^dwlffi 11 " 1101 " 1 rUlSaS to the third reading of the first bill being dis-

^ Resolved, That the said bill do pass, and that the title thereof be as afore- I

j AN y j JOURNAL OF THE SENATE. 113

Mr Guthrie, from the same committee, to whom was referred bills from
the House of Representatives of the following titles, viz:

An act to amend an act to establish a ferry across the Ohio river at Pa-

ducah:

An act supplementary to an act, approved the 12th of February, 1S3S,
for the benefit of Isaac Young:

An act for the benefit of George O. Stovall:

An act for the benefit of John W. Flora:

An act to authorize the trustees of the town of Bedford to reduce the
width of a certain street therein, and to sell the part so stricken off—re¬
ported the same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, enlitled, an act to authorize the Register to
receive and register certain surveys made in the year 1S3S, reported the
same with the opinion of the committee that it ought not to pass.

The question being taken on reading the said bill a third time, it was de¬
cided in the negative, and so the said bill was disagreed to.

Mr. Willis, from the committee of Propositions and Grievances to whom
was referred a bill from the House of Representatives, entitled, an act to
reduce the bounds of the town of Brownsborough, reported the same with¬
out amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Wingate, the committee of Religion was discharg¬
ed from the further consideration of a bill from the Plouse of Representa¬
tives, entitled, an act. for the benefit of Nancy Collins, and the said bill was
referred to the committee on the Judiciary.

Mr. Wingate, from the committee of Religion, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of Thomas

J. Parish, reported the same without amendment.

Ordered, That the said bill be read a third time.

Mr. Wingate, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of Jeremiah

K. Sullivan, reported the same with the opinion of the committee that it
ought not to pass.

114

JOURNAL OF THE SENATE.

• m' »

[Jan. 9 ,

The question being taken on reading the said bill a third time, it wes de.
cided in the negative, and so the said bill was disagreed to.

Mr. Wingate, from the same committee, to whom was referred a bill
from the House of Representatives, entitled, an act to incorporate the trus-
tees of the Rock Spring church, reported the same with an amendment—
which was concurred in.

Ordered, That the said bill be read a third time, as amended

On the motion of Mr. Ballinger, the committee of Internal Improvement
was discharged from the further consideration of the petition of the Ken¬
tucky Silk Manufacturing Company, and from the duty of preparing and
bringing in a bill to appropriate the proceeds of lands given to the State by
Jacob Luce, of Muhlenburg county, as a bonus for the location of water
power at lock No. 3, to improve the road from Skilesville to Greenville.

Leave was given to bring in the following bills, viz:

By Mr. Guthrie, from the committee on the Judiciary—1. A bill to
amend the charter of the city of Maysville.

By Mr. Willis, from the committee of Propositions and Grievances—2,
A bill to repeal the law allowing ferry keepers to keep tavern without li¬

cence.

By Mr. Ballinger, from the committee of Internal Improvement—3. A
bill to amend the charter of the Shepherdsville and Louisville turnpike com¬
pany.

By Mr. Wickliffe, from a select committee—4. A bill to authorize the
Southwestern Railroad Bank to establish a branch in this State, and for
other purposes.

By Mr. Barlow, from a select committee—5. A bill to amend an act,
entitled, an act to incorporate the towns of Albany, in Clinton county, and
Ballardsville, in Oldham county, approved January 27th, 183S.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the 1st, 3d, 4th and
5th bills being dispensed with, the 1st was ordered to be engrossed and
lead a thiid time; the od and 5th were referred to the committee on the
Judicialy, and the 4th to the committee of Internal Improvement.

The constitutional rule as to the second and third readings of the 2d bill
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass and that the title thereof be as afore¬
said.

On the motion of Mr. Willis, the committee of Propositions and Griev¬
ances was discharged from the further consideration of the petition of sun¬
dry citizens of Pike county, praying for the passage of laws to restrain the
retailing of spirituous liquors.

j aNi 9.] JOURNAL OF THE SENATE. 115

A message, in writing, was received from the Governor, by Mr. Bullock,
I Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
|J up and read as follows, viz:

Executive Department, )
Fankfort, January 9th, 1S39. j

: : Gentlemen of the Senate

and 'House of Reprentatives:

I have received the preamble and resolution of the Legislature of the
State of South Carolina, in relation to the Louisville, Cincinnati and Charles-
\town Railroad Company, providing for the .appointment of a special com-
i missioner, on the part of that State, to the State of Kentucky, for the pur-
I pose of procuring the aid and co-operation of Kentucky in the accomplish-
Iment of the enterprise; and a letter from his Excellency, the Governor of
I South Carolina, informing me of the appointment of C. G. Memminger,
I Esq., by virtue of the accompanying resolution, as the special comissioner;
[also, a letter from C. G. Memminger, Esq.—all of which are herewith trans-
| mitted.

You Avill doubtless afford to the commissioner, every facility in yourpow-
I er, in the execution of his mission, and extend to him all that courtesy due

from one State to the delegated agent of another.

/#)

JAS. CLARK.

Frankfort, January 9, 1S39.

Sir :

Herewith I forward you certain documents from the State of South Caro¬
lina, informing you that I have been deputied as a special commissioner, to
make such explanations to the public authorities of the State of Kentucky,
as may induce their co-operation in completing the great railroad which is
to unite the South with the waters of the Ohio river. With a view to cany
out the object of my mission, permit me, sir, respectfully to tender to you,
and through you, to the Legislature of the State over which you preside,
r either personally or otherwise, such explanations of the subjects involved,
as it may suit, their or your convenience to receive. It will afford me the
greatest pleasure to appear before any of the public authorities, for these
purposes, at any time that may be designated.

Be pleased to accept for yourself, personally, my assurances of high con¬
sideration and respect, and to hope for your own co-operation and aid in
promoting the important enterprise in which we are engaged.

With much respect,

Your obedient servant,

0. G. MEMMINGER.

His Excellency, James Clark,

Governor of the Stale of Kentucky, Frankfort.

MSB

116

[Jan. 9.

JOURNAL OF THE SENATE.

Executive Department, )
Columbia, S. C. December 19, 1838. (

Sir:

I Rave the honor to inform you that a resolution has been adopted bv the
Legislature of South Carolina, of which the enclosed document is a copy, and
to announce to your Excellency, that in pursuance of the authority which
it vests in me, 1 have appointed C. G. Memminger, Esq., “a special com-
missioner, on the part of this State, to proceed to the State of Kentucky,
for the purpose of making such explanations, and taking such measures^
as may fully apprize the public authorities of that State of the great interests
involved, and procure, if possible, their aid and co-operation.”.

I beg permission to make known to your Excellency, that South Carolina
feels an abiding and deep interest in the success of the application to the
Legislature of Kentucky for the grant of banking powers to the South Caro¬
lina and Charleston Railroad Company, believing, as she does, that the privi¬
lege is vitally essental and conducive to the achievement of the important
enterprize, on which she, in common with all the States of Kentucky,
Tennessee and North Carolina, is embarked. South Carolina cherishes the
sanguine hope that Kentucky will concur with her in the expediency of
granting the application, and co-operate with her, by the adoption of a
measure which recommends itself to the most favorable consideration, by
the efficient aid which it will contribute towards the attainment of our com¬
mon purpose.

I have the honor to be,

With assurances of great respect,

Your Excellency’s most ob’t., serv’t.,

His Excellency, James Clark,

Governor of Kentucky.

PATRICK NOBLE.

Whereas, The State of South Carolina is deeply sensible of the °reat
advantages to be derived by the people of the various States which have in¬
corporated the Louisville, Cincinnati and Charleston Railroad Company, and
as an earnest of her own determination to assist in accomplishing the great
work undertaken by this company, has pledged, towards its completion, a
iarge portion of her resources, and has granted banking privileges to the
stockholders in all the States of Kentucky, Tennessee, North and South
Carolina: And, whereas, it is deemed of essential importance to the final
success of the work, that these privileges should be confirmed, and that co¬
operation should be afforded by all the States through whose territories the
railroad is to be constructed; and more especially by the State of Kentucky,
whose products to the amount of several millions are purchased by our citi¬
zens, and- whose cordial assistance would insure a successful accomplish¬
ment of the enterprize:

Be it therefore resolved by the Senate and House of Representatives of
the Slate of South Carolina, That the Governor be authorized and request¬
ed, forthwith to appoint a special commissioner, on the part of this State,

Jan. 3.]

JOURNAL OF THE SENATE.

tn Drocee d to the State of Kentucky, for the purpose of making such expla-
„d taking such measures, as may ful y apprise the public authori¬
ses of tS State, of the great interests involved, and procure, if possible,
their aid and co-operation.

■- t hereby certify that this preamble and resolution were agreed to in the
HorS of Representatives, 17th December,1838; and concurred m and re-
turned by the Senate, lSth December, 1S38.^ ^ C „ R

' Jacob Warley, Clerk of the Senate.

On the motion of Mr. WicklifFe,

I Resolved, That a committee of three be appointed to wait on the lion.
C G Memminger, the commissioner from the State of South Carolina, a
Uite him to take a seat within the Senate, while he remains at this Capital;
and further to inform him that the Senate will, at such times as he may
|cem proper, receive from him, any communications relative to his mission
to the Legislature of Kentucky that he may think proper to make.

% Messrs. WicklifFe, Wingate and Clarke, were appointed a committee pur¬
suant to the said resolution.

On the motion of Mr. J. S. Morgan, he was excused from serving on the
Committee of Religion—Mr. Davidson was added to the said committee.

Mr. WicklifFe presented the petition of the Louisville, Cincinnati and
Charleston Railroad Company, and of the Southwestern Railroad Bank,
braying for a grant of a charter in the State of Kentucky.

Which was received and referred to the committee of Internal Improve¬
ment.

An engrossed bill, entitled, an act for the benefit of the Lunatic Asylum,

was read the third time. ,

; The question being taken on the passage of the said bill, it was decided

In the affirmative. '

The yeas and nays being required thereon by Messrs. S. \ oung and

■Watkins, were as follows, viz:

Those who voted in the affirmative were

[ Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
Dixon,
Guthrie,
Hanson,

Jesup,
Johnston,
Morgan, J. S.
Murrell,
Nuttall,

Pitts,

Roberts,

Tomlinson,

Walker, J. V.

Wallace,

Watkins,

Weller,

WicklifFe,

Wingate—21.

j-uuse wno voted in me negative were_

Messrs. Barlow, Huston, Schooling,

Bradshaw, James, Walker, C. T

Burnett, Jasper, Willis,

De Courcy, Rice, Young, S.-B

Pord, °

Resolved, That the title of the said bill be as aforesaid.

Engrossed bills of the following titles, viz:

An act for the benefit of Robert and Jane Middleton:

An act for the benefit of the heirs of Ruth and Polly Pointer:

An act for the benefit of George H. Clements, and others:

An act for the benefit of the heirs of John T. Langhorne:

An act to change the time of holding the Carter County Court_v

severally read the third time.

Resolved, That said bills do pass, and that the titles thereof be as af<
said.

A bill from the House of Representatives, entitled, an act concerning
Meade Circuit Court, was read the third time.

Resolved, That the said bill do pass, and that the title thereof be as afc
said.

And then the Senate adjourned.

THURSDAY, JANUARY 10, 1839,

Mr. Beatty presented the memoral of sundry citize
Bracken counties, praying for the repeal of all latvs licet
the retail of spirituous liquors as a beverage or common
actment, in their stead, of a law which shall make the ver
liquors, of any description, as a drink, or giving them to
offence of no ordinary magnitude against the Commonw
able accordingly.

Which was received and referred to a committee of Me
gate and Nuttall.

Ordered, That the Public Printer print 150 copies of
loi the use of the General Assembly.

Mr. Jesup, from the committee on Military Affairs, to whom was refer¬
red bills from the House of Representatives of the following titles, viz:

An act for the benefit of the Sheriffs of Franklin and Woodford counties.

An act to authorize the citizens of Louisville to raise and organize a
Liiitia corps, to be styled the Louisville Legion—reported the same with-
but amendment.

Ordered, That the said bills be read a third time.

A message was received from the House of Representatives, announcing
that they had adopted the following resolutions, viz:

Resolved, That the House of Representatives will, on Friday the 11th
instant, at 11 o’clock, A. M., receive and hear C. G. Memminger, the special
commissioner, from the State of South Carolina, at the bar of the House.

Resolved, That the Senate be invited to take seats within the Hall of the
House of Representatives at that time.

On the motion of Mr. Wickliffe,

Resolved, That the Senate, with their Speaker will, on to-morrow, at 11
o'clock, A. M., attend in the chamber of the House of Representatives, and
then and there unite with that House in hearing the commissioner of the
State of South Carolina, and accepting whatever communication, written
or oral, he may be pleased to make to the Legislature of Kentucky, upon
the subject of his mission.

petition of William Kouns, reported the following resolution thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

Mr. Hanson, from the same committee, to whom was referred the pe¬
tition of Martha Anderson, reported the following resolution thereon, viz:

Resolved, That the said petition be rejected.

Mr. Ford moved to amend the same by striking out the words “be re¬
jected,” and inserting in lieu thereof, “is reasonable”—when, on the motion
of Mr. Willis, the said petition was recommitted to the committee of Fi¬
nance, with instructions to report a bill requiring the County Court of Allen
if county to make provision for her support.

Mr. Hanson, from the same ccommittee, to whom was referred a bill from
j the House of Representatives, entitled, an act for the benefit of the Clerks
' and Sheriffs of this Commonwealth, reported the same with an amendment—
- which was concurred in.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill, as -amended, do pass, and that the title
thereof be as aforesaid.

Mr. Beatty, from the committee on Education, to whom was referred a
bill authorizing a fund to be raised by lotterv for the endowment of a male

120 JOURNAL OF THE SENATE. [Jan, lfl

and female Academy, in the town of Paducah, and for other purposes, re
ported the same without amendment.

Ordered, That the said bill be engrossed and read a third time.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer,
red bills ot the following titles, viz:

1. A bill for the better confirmation of the estates of persons holding or
claiming under conveyances from married women, and under conveyances
not recorded in proper time:

A bill to regulate the administration and settlement of estates, reported
the same with amendments to each—which were concurred in.

The said bills were referred to the committee of the whole House on the
stated the Commonwealth; the former for the 16th and the latter for tlm
14th instant.

Mi. Munell, from the committee on Public Offices, to whom was referred
a bill from the House of Representatives, entitled, an act to preserve the
original manuscript of the annual messages of the Governors of this State
reported the same without amendment.

Ordered, That the said bill be read a third time.

The following bills were reported, viz:

By Mr. Jesup, from the committee on Military Affairs—1. A bill to le-
legalize the proceedings of the Court of Assessment of the 16th remmpnt

red a bill to make an addition to the town ot Rochester, in sutler county,

reported the same without amendment.

Ordered, That the said bill be engrossed and read a third time.

Mr. Huston from the committee of Privileges and Elections, made the

following report, viz:

The Committee on Privileges and Elections, to whom were referred the
nations of sundry citizens of Hardin county, charging George Roberts,
heir Senator, with being a non-resident of his Senatorial District,and there¬
by forfeiting his seat in the Senate, and that he also be expelled front the
Senate for Inebriation, have had said petitions under consideration, and ex¬
amined witnesses relative to the charges preferred against said Roberts—all
of which testimony was reduced to writing and herewith reported ; and the
evidence not being clearly sufficient, as a majority ot the committee believe,
to establish the charges, and the said Roberts not having been notified ol the
application to remove and expel him, as the law requires: It is theieioie

Resolved, by a majority of the committee, that the committee be dis¬
charged from the further consideration of the" petitions to them refened.

The question being taken on concurring in the said report, it was decided
in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and Jesup,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty, Guthrie, Morgan, J. S.

Bradshaw, Hanson, Murrell,

Burnett, Huston, Tomlinson,

Clarke, James, Walker, C. J.

Davidson, Jasper, Walker, J.V.

Dixon, Jesup, Wallace,

Ford, Johnston, Wicklille—21.

Those who voted in the negative were—

Messrs. Barlow, Pratt,

De Courcy, Watkins,

Nuttall, Weller,

Willis,
Wingate—8.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Barlow—1. A bill to make an appropriation to im¬
prove the road from Cumberland river, by the way of Albany, Clinton
county, to the Tennessee line, and particularly Grider’s hill, near John Gri¬
der’s ferry.

On the motion of Mr. Ballinger—2. A bill to improve the downward navi¬
gation of the Great South Fork of Cumberland river.

On the motion of Mr. Ford—3. A bill to authorize the Register of the
Land Office to receive and register certain platts and certificates of survey,
made in Warren county in the year 1838.

The committee of Internal Improvement was directed to prepare and
16

JOURNAL OF THE SENATE.

122

[Jan. 10;

bring in the 1st and 2d, and Messrs. Ford, Barlow and J. V. Walker were
appointed a committee to prepare and bring in the 3d.

On the motion of Mr, Rice,

Resolved, That the committee on Internal Improvement be directed to
inquire into the propriety of surveying and making an appropriation to im¬
prove the road leading from Greenupsburg, by way of Old town and Cross
roads, in Carter county, and from the last named place, the most direct rout
to Paintsville, in Floyd county; and of directing the Engineer, who shall
survey and locate the road, to report what sum would be required to grade
the same; and make it a safe and convenient earth road.

On the motion of Mr. Pitts,

Resolved, That the committee on Internal Improvement be instructed to
inquire whether James R. Skiles, now a member of the Board of of Inter¬
nal Improvement has been, or is now, either directly or indirectly interested
in any contract for the delivery of Hydraulic lime to any of the locks on
Green and Barren rivers; and whether he was not the presiding officer of
the Board of Commissioners for Green river, when one of that body resign¬
ed his seat, and was suffered to take a contract, which he sold out at a profit
of some thousands, without the said Commissioners having done even pre¬
paratory work towards carrying on the same. And, also, inquire whether
said Skiles is not now the partner of one of the contractors, for two of the
locks and dams, in business to a very considerable amount; and whether the
Resident Engineer for Green river, is not, also, jointly interested with said
Skiles, in investments in lands on or near Green river. And whether a
steam engine has or has not been furnished to the contractor at No. 1, on
Green river; by whom ordered, of whom purchased, and at what price, and
report the facts as they are found to exist.

Mr. Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills and a resolution which originated in the
House of Representatives, of the following titles, and had found the same
truly enrolled, viz:

An act for the benefit of John Cobb, Hezekiah Willis, Perry Waters and
Shepherd Burch.

An act for the benefit of Henry Clay, Jr.

An act to change the names of James Jameson and George Rook.

An act to establish the town of Pleasant Hill, in Calloway county.

An act to authorize certain land warrants to be surveyed in the county
of Clinton.

An act for the benefit of the Sheriffs of Christian, Wayne and Pulaski
counties.

An act to allow an additional Constable to the counties of Spencer and
Calloway.

An act to allow an addditional Constable to the county of Logan.

An act to allow an additional Justice of the Peace to the county of Clay.

An act for the benefit of the heirs and representatives of Eliza Murray,
deceased.

Jvn. 10.] JOURNAL OF THE SENATE. 123

An act for the benefit of Willie Sugg.

An act to establish a State road from Litchfield, in Grayson county, to
Munfordsville, in Hart county.

An act to establish an election precinct m the county oi Allen.

An act abolishing an election precinct in Casey county.

An act to amend an act, entitled, an act establishing the town of Ghent, in

Gallatin county.

An act for the benefit of the Sheriff of Muhlenburg county.

An act for the benefit of the Sheriff of Clay county.

An act for the benefit of the Sheriff of Henderson county.

An act for the benefit of the Sheriff of Calloway county.

An act to incorporate the town of Francisburg, in Union county.

An act allowing further time to enter and survey Kentucky land war¬
rants and to return plats and certificates of survey.

An act for the benefit of Mary Kimes.

An act for the benefit of Henry G. A. Blankman.

A resolution giving to the members of the Board of Internal Improve¬
ment the use ol the books in the public Libiai\.

And that they had examined bills which originated in the Senate of the
following titles, and had found the same truly enrolled, viz:

An act for the benefit of the Sheriff of Lawrence county.

An act providing that certain legacies and devises shall not lapse.

An act to continue in force an act to allow the Independent Banks of this
Commonwealth, further time to collect and settle their concerns, approved
January 4, 1836, and for other purposes.

An act for the benefit of the Sheriffs of Owen and Butler counties.

An act for the benefit of Matthew Reid, and the infant children of Samuel
M. Smith, deceased.

The said bills and resolution being signed by the Speaker of the House
of Representatives, the Speaker of the Senate affixed his signature thereto;
and they were delivered to the committee to be presented to the Go^einoi
for his approbation and signature. After a short time Mr. Bailow repoited
that the committee had performed that duty.

An engrossed bill, entitled, an act to amend the charter of the city of
Maysville, was read the third time.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

A bill from the House of Representatives, entitled, an act for the benefit
of Thomas J. Paris, was read the third time.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

JOURNAL OF THE SENATE.

[Jax li,

Bills from the House of Representatives of the following titles, viz:

An act to provide a standard of weights and measures for the several
counties of this State:

An act to incorporate the trustees of Rock Spring Church, were read the
third time, as amended.

Resolved, That the said bills, as amended, do pass, and that the titles
thereof be as aforesaid.

And then the Senate adjourned.

FRIDAY, JANUARY 11, 1839.

Mi. Johnston presented the petition of Sarah Blaydes, guardian of the
heirs of Francis Blaydes, deceased, praying for the passage of a law au-
thorizing the sale ol a slave belonging to her said wards.

Mi. Jasper presented the proceedings of a meeting of sundry citizens of
Wayne county, in favor of locating a Branch of the Southwestern! Rail¬
road Bank in this State, and the establishment of a Southern Bank of Ken¬
tucky.

Which petitions were received, the reading thereof dispensed with, and
referred, the first to the committee on the Judiciary, and the second to the
committee on Internal Improvement.

A message was received from the House of Representatives by Mr. Trim¬
ble, announcing that the House was ready to receive the Senate as a body
pursuant to the resolution adopted by that House, inviting the Senate to
take seats in the Hall of the House of Representatives, to hear the commu-
cation of the special Commissioner from South Carolina, on the subject of
granting banking privileges to the stockholders of the Louisville, Cincinnati
and Charleston Railroad Company. Whereupon the Senate, preceded by
their Speaker, repaired to the Hall of the House of Representatives, and
alter hearing said communication, returned to theinChamber.

And then the Senate adjourned.

Jan. 12.]

JOURNAL OF THE SENATE.

SATURDAY, JANUARY 12, 1S39.

M r Samuel May, a member of the Senate from the 37th Senatorial Dis¬
trict, appeared and took his seat.

| A message was received from the House of Representatives, announcing
that they had passed a bill, entitled, an act for the benefit of the citizens of
Springfield.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
a bill from the House of Representatives, entitled, an act to abolish certain
Streets, and parts of streets, in the town of Canton, in Trigg county, re¬
torted the same with an amendment—which was concurred in.

[ Ordered, That the said bill be read a third time, as amended

Mr. Guthrie, from the same committee, to whom was referred a bill to
nend the charter of the Shepherdsville and Louisville turnpike company,
ported the same with an amendment—which w r as concurred in.

Ordered, That the said bill be engrossed and read a third time, as amended.
Mr. Ballinger, from the committee of Internal Improvement, moved that
id committee be discharged from the further consideration of the resolution
them referred, directing an enquiry into the conduct of James R. Skiles,
member of the Board of Internal Improvement, and that the same be re-
rred to a select committee.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Ford and Barlow,
ere as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
Ford,

Guthrie,

Hanson,

Huston,

Jesup,

Morgan, D.,

Morgan, J. S.
Walker, C. J.
Walker, J. V.
Watkins,
Wickliffe—15.

Those who voted in the negative were—

Messrs. Barlow, Jasper, Schooling,

Bradshaw, May, Wallace,

Burnett, Pratt, Weller,

De Courcy, Rice, Willis,

Dixon, Roberts, Young, S.—16.

James,

The Speaker laid before the Senate the report of the acting President of
the Board of Green and Barren river Commissioners, inclosing the response

oi said Board to a resolution of inquiry adopted by the Senate on t
February, 1S3S, which is as follows, viz:

Office of Board Internal Improvemen
January 12 th, 1839.

Sir:

Inclosed is the report of the Resident Engineer of the Green and 1
river public works, which I beg leave to submit as a response to a
tion ot inquiry, which passed the house over which you preside on 7t

Hon. C. A. Wickliffe,

Speaker of the Senate,

c , Rumsey, January 4, 1839

Sir:

The following schedule will show the “contracts for cutting and deadenine
the timber on the banks of Green and Barren rivers,” and such other streams
as have, in any way, been placed under the Board of Green and Barren
river Commissioners. Also, “when the contracts were let, at what place
manner, price, by whom undertaken, and when they were finished,” acnee’
ably to the resolution of the Senate of February 7th, 1S3S.

First —John A. and Harrison
the banks of Green river, from dan/No. 1
about 96 miles; said timber to be

Taylor, contractors for cutting timber off
—- L to dam No. 3, a distance of

• -‘ cut to the top of the pools of dam No. 1

1S3G~’ aUd CUt UP at fifty clollars P er mile - Hate of contract, June 14th,

Let at Rumsey. Bids had been received by the Board, at public notice,
but being so high, ranging from $200 to $1000 per mile, they were refected
and the above price given at private sale. The work is not yet finished—
the amount estimated as done, is $3,S20

Second— John A. Taylor and James McConnell, contractors for similar
work to the above, from dam No. 3, to the upper end of pool No. 4 on
Green river, a distance of about 64 miles.

This work was let, December 26th, 1836, at public sale, and was given to
the lowest biddeis at $7 j per mile, and other extra work, at the estimate of
t ie- Lngineer. The place of letting was at Bowlinggreen. The work is
not yet completed, but the estimate made amounts to $4,445.

7 'f,* rrf ~ John Williams, contractor for cutting timber and snags from the

Thn nr'° f nivei , to ^ N °‘ 1 ’ a of upwards of eight miles,

e puce fox the work, $35 per mile. The contract was made with Simp-

TKQ’vm, Hsq.-acting commisssoner, at private sale—date October 18th.
l&o /. 1 he work not completed.

^ m ' Blwn > contractor for cutting the timber off the banks of
Barren river, from mouth to Double Springs, a distance of about 30 miles.

IS. 12-] JOURNAL OF THE SENATE. 127

All the timber to be cut to the top of the banks for a gross sum of $5,500—
islands, and other extra work, at the estimate of Engineer. The work was
aiven to the lowest bidder, at the public sale at Rumsey, June 14th 1S36.
The work is not completed. The estimates made amount to $4,000.

f pifth _Samuel Wallace, contractor for deadening timber above the pool

of dam No. 2, to top of bank in Green river, at about $15 per mile. 1 his
HContract*was made by the acting commissioner for the Board, at private sale.
The contract was made last summer; the exact date I do not know.

The foregoing communication of contracts embrace all that appear to be
Rauiredinthe resolution, that is under the Green and Barron river com-
Mtssioner’s control, except the expenditure of three hundred dollars, by
■Special act of the Legislature, upon Rough creek, as far as the back water
of dam No. 2 extends up said stream. There was no contract for this work,
it having been done by the day, under the direction of a superintendent.

1 All of which is respectfully submitted.

ALONZO LIVERMORE,

Resident Engineer.

Jamfs R. Skiles, Esq.,

President of the Board of Green and Barren river Com’rs.

Ordered, That the Public Printer print 150 copies of the said report for
'the use of the General Assembly.

[ Mr. Dixon moved a reconsideration of the vote by which the committee
un Internal Improvement were discharged from the further consideration

I of the petition of the stockholders of the .Kentucky Silk Manufacturing
Company, praying an amendment to the charter of said company; and the
question being taken thereon, it was decided in the affirmative.

Mr. Dixon then asked leave to withdraw said petition, which was granted,
and the said petition was accordingly withdrawn.

Mr. Guthrie, from the committee on the Judiciary, reported the following

A bill the better and more effectually to protect the rights of reversion¬
ary legatees.

A bill to amend the law regulating the mode of settling the accounts of
executors, administrators and guardians, approved February 24th, 1834.
Which bills were each read the first time, and ordered to be read a second

The constitutional rule as to the second reading of the said bills being dis¬
pensed with,

Ordered, That the same be engrossed and read a third time.

Mr. Beatty, from the committee on Education, reported a bill to amend
an act to establish a system of Common Schools in the State ol Kentucky,
which was read the first time and ordered to be read a second time.

The constitutional rule as to the second reading of the said bill being dis¬
pensed with,

JOURNAL OF THE SENATE,

[Jan. lg (

Ordered, That the same be recommitted to the same committee, and that
the Public Printer forthwith print 150 copies for the use of the General As¬
sembly.

Mr. Beatty, from the committee on Education, made the following report
viz:

JOURNAL OF THE SENATE.

■ Jan. 12.]

8? litical power eminates from the people? In a government in which the
9 people have a right to remodel, alter or change, at will, the organic law,
I n0 other limitation upon their power, but that which they themselves
■if have thought proper to prescribe, to prevent confusion and anarchy, whilst

■ engaged in the process of remodeling, altering or changing the Constitution
- by°which the people themselves, as well as all the departments of govern-

■ rnent, are bound, how important it is to impress upon the minds of the
$ rising youth of the country, the necessity of adhering, under all circum-

■ stances, to this vital principle of republican government 1 If a resort to
mfnrr.e.. to effect a change in the organic law, be permissable, under any cir-

'cumstances, a most disasterous consequence would result. A minority,
Ha vailing themselves of a favourable state of circumstances to produce an
■excitement among the uninformed mass, might bring on a revolution, ac-
companied by scenes of horror and bloodshed, of which too many examples
I have been furnished since the commencement of the French revolution.
I The history of our own country has not been a silent monitor on this sub-
I ject. South Carolina, Maryland and Pennsylvania have each, in turn, been
I the scene of the most alarming events.

What can furnish a more stable security to our republican institutions,
I than a system of Common Schools, by which a universal and enlarged sys-

■ tern of education shall be placed within the reach of every child in the com-
I munity? If these were throughly grounded in the first principles of our
I government; if their minds were enlightened upon political subjects gener-

■ ally, and were well grounded in moral and religious instruction, then, indeed,
I “ virtue ” would have that weight and influence, in sustaining our republican
I institutions, which Montesquieu was of opinion was essential to their success.

■ If a general diffusion of knowledge will have the effect, as it undoubtedly
I will, of giving greater permanence and stability to our political institutions,
I and greater security to property and persons, then every person in the com-
I munity is interested in the success of the Common School system; and all

■ should contribute, in proportion to their means, towards carrying out the

130 JOURNAL OF THE SENATE. [J AN . p 2

resides, it is manifest he will not pay in due proportion, for school purposes
with those holding small tracts, and lying in a single district. If it will bear
that construction, then, in many instances, one district will draw to itself all
the tax on land, lying in several districts, and other districts will be left
wholly without any revenue, derived from land. This will be equivalent to
denying ;Lhem any benefit from the Common School system. This evil
might, it is true, be remedied by subjecting the land, lying in each district
to be taxed by the citizens of that district. To carry out this system, ft
would be necessary to provide the means, and confer the power on each dis¬
trict, of fixing upon the value of the lands, held by any individual, in every
district within the county; and also to furnish the means of enforcing the
collection of the tax in all those districts. Nay, more, the districts of every
county in the State, (which shall have adopted the school system,) in which
the same person might hold lands, would have to be invested with the same
power. To do this, would require a very complicated system, and one ex¬
tremely difficult to carry into execution. Besides it would be so harrassing
and perplexing to the owner to attend to the valuations of his land, when
cut up into ten or dozen parts—in some instances, a much greater number—
and to pay the tax seperately on each, that the committee find it wholly im-
practicable to devise any system of that kind.

Instead ot doing so, they believed it would be greatly' preferable to adopt
the system provided in the bill reported herewith, which is simple and easy
of execution, and will do equal justice to every school district, and expose
the owner ot land to no other difficulty, in giving in and paying the school
tax on his land, than exists in relation to the State tax, because they both
depend upon the same principles; the land being listed with, and tax collected
by the same officers, as collect the State tax.

The bill, reported by the committee, has made a change in another ma¬
terial feature of the present law. It is in relation to the manner in which
the school system shall be adopted. The present system provides for the
adoption of the system by districts; the bill reported herewith, provides for
its adoption by counties. This change is rendered necessay r by the adop¬
tion of that which has already been remarked upon. As that proposition
embraces a general taxation of all the lands in the county, for school pur¬
poses, it would seem to follow as a necessary consequence, that the county
should have previously adopted the system. Besides, when we attempt to
execute the_ system, when only one or two districts in a county shall have
adopted it, it becomes too disjointed and unconnected to be carried out. If
a county, by a full vote, at the annual election, shall adopt the system, then
a revenue from all the lands in the county, for the benefit of all' the school
districts in that county, begins to accrue, and will hold out strong induce¬
ments to each of the districts to organize, and thus place themselves in an
attitude to receive the benefit of the tax raised from land.

The committee believe that the inducements held out to the several dis¬
tricts, in the counties which shall have adopted the system to organize are,
so stiong that they will all hasten to do so. The details of the bill have
furnished all the necessary facilities to enable them to adopt the school sys-
tem.. The details ol the bill are intended, mainly, to carry out the two
principles which have been explained in this report.

The committee propose to reduce the number of school commissioners
from five to three, because they believe the smaller number would be more

JOURNAL OF THE SENATE,

Jan. 14.]

[efficient in carrying the system into execution; and because the expense
would be thereby diminished, which is an object of some importance, as the
bill provides that they shall be compensated for their services, out of the

(county levy. . . .

The committee deem it unnecessary to make any remarks, in explanation

. of the other parts of the bill, as they will be easily understood by a refer¬
ence to the bill itself.

All of which is respectfully submitted by the committee.

A. BEATTY, Chairman ,

JAMES C. WELLER.

C. J. WALKER,

E. F. NUTTALL.

On the motion of Mr. Beatty,

Ordered, That the Public Printer print 1500 copies of the said report for
the use of the General Assembly.

Mr. Clarke, from the committee on the Library, to whom was referred a
resolution directing the Librarian to purchase a copy of Audibon’s Orni¬
thology, reported the same with an amendment—which was concurred in.
And then the Senate adjourned.

MONDAY, JANUARY 14, 1S39.

The Speaker laid before the Senate the following letter and annual report
of the trustees of Cumberland Hospital, viz:

Smithland, January 7, 1S39.

Sir :

Inclosed I send you the annual return of the Trustees of the Cumberland
Hospital, that F desire you to lay before the Senate. It will open up a sub¬
ject that I have not now time to explain. The mail is now closing.

I am yours with respect,

D. W. PATTERSON.

Hon. C. A. Wickliffe,

Speaker of the Senate.

Smithland, January 1, 1S39.

Trustees of Cumberland Hospital,

To the Commonwealth of Kentucky,

To balance unappropriated at our report of the 25th of No¬
vember, 1S37,.

April, 1S38. To balance received of Treasurer of the United
States,.

Dr.

$ 199 99
590 50
$790 49

132

JOURNAL OF THE SENATE.

Dec. 1S37.

Contra

Cr.

To cash paid William Smith, -
To cash paid same, -

Jan. 10,1838. To cash paid Dr. S. M. Quertermons,

Jan. 11, 1S3S. To cash paid William Smith,

4, 1S38. To cash paid T. Willis’ bill,

Feb. 2, 1838. To cash paid Willis’ and Criddle’s bill,

Feb. 6, 1838. To cash paid William Smith,

To cash paid D. W. Patterson & Co.,

Dec. 31, 1S38. To cash paid Dr. S. M. Quertermons, balance
for his salary for 1838,

Balance due the Cumberland Hospital,

275 00
465 00
325 49

It will be observed, in this our report to the Legislature of Kentucky
that there is a balance due the Cumberland Hospital of $<325 49. At our
annual report, dated November 25th, 1837, we appointed Dr. S. M. Quer.
termons Physician to the Cumberland Plospital for the year 183S. So soon
as the appointment was made, Wm. Cordon and Thomas McCormick re¬
signed their commission of trustees, and refused to act any longer, without
any other known cause to us, except our making the appointment of phy.
sician contrary to their wishes.

We conceived that, in making appointments, we had the right of indepen¬
dently selecting those whom we believed most worthy, and would faithfully
discharge their duty. And in the selection of Dr. S. M. Quertermons, the
majority mutually believed their anticipations of better medical attention
would be realized.

Dr. S. M. Quertermons had practised medicine in our town some num¬
ber of years, lie has done considerable practice in the Cumberland Hos¬
pital ; and in the fall of 1832, when the cholera was committing its dreadful
havoc everywhere, and when many of Captain Shrieve’s men were .sent to
the Hospital, laboring under that dreadful disease, (and when the then at¬
tending physician, Dr. D. B. Sanders took to his room,) Dr. Quertermons
fearlessly marched into the Cumberland Hospital, and cheerfully adminis¬
tered relief to the sick and dying. And the success that attended his prac¬
tice, gained him a reputation as a physician that but very few Doctors ar¬
rive at in our section.of the country. To prove which," two facts are suf¬
ficient. The following spring, when Captain Shrieve was returning with
his boats from below, and a great many cholera cases on board, he searched
out Dr. Quertermons and engaged him to go with them to Louisville. Attain,
in June, 1S33, when the cholera visited Salem, and was so dreadfully fatal,
the citizens, united in sentiment, and engaged Dr. S. 1VL Quertermons to
visit their town and remain ten days, to which place he immediately re¬
paired, and his success was fully equal to the anticipations of the citizens of
Salem. We speak of this fact because it has been stated to us that it was
lepiesented to the Legislature, that the appointment of Physician was so un¬
just and unmerited, that it produced a great excitement against us in Smith-

JaX. 14.]

JOURNAL OF THE SENATE.

133

, anf] We deny the charge, and reply that the appointment met the ap-
bation of two thirds, if not three fourths ot the citizens of Southland.
Hwe called on Thomas McCormick for a settlement of the money placed
in hiS hands to purchase matrasses, Ac. He produced a bill, purporting to
n'e paid ten dollars apiece for matrasses which we were iuh y confident
1 , 1 t cost exceeding live dollars; and as we had appointed S. P. Gowci,
trustee to fill the vacancy of T. McCormick, resigned, and lie was going to
T ouisville we requested him to ascertain what the same sized matrasses
were 8 worth there, who stated, that after full enquiry, that they were only
worth from four to five dollars. We again called on him and the answer
returned to us rvas that we were re-organized out of office, and he wmuld
settle with another set of men.

| shortly afterwards, we seen that an act had passed the Legislature, chang¬
ing the mode of appointing truestees to the Cumberland Hospital, and it
was stated that so and so had been appointed. But we seen nothing posi¬
tive of any appointments, and when our Senator, Mr. Wellei retained liom
the Legislature, and was asked by S. P. Gower on that subject, his answer
fas, he did not know whether any appointments had been made or not.
We’not knowing how to act, and as there was little to do, we thought it
prudent to continue as though no Legislative act had passed. But, as we
bolieve, some time in May, without any notice given to us, Wm. Gordon,
Thomas McCormick and Benj. Barner, and probably others, went to the
■ Hospital and told the physician or keeper, that they were trustees of the
Hospital, directing the keeper to go and receive the matrasses spoken of,
and to call in Dr. Sanders as physician.

I We made no inquiry just then, but presumed they were fully authorized
to do so, as we had not seen the act in full. Some months after, they, the
Assumed trustees, sent the keeper, requesting us to send the books, papers
.•«4nd money in our hands. We returned lor answer, lor them to show us
lihat they were trustees, and we were ready to settle with them.

I Some time this fall, when the acts of Assembly came out, and we read
Hhe act, we seen they were not trustees, they not having entered into bond
Kadi security, as required by law, before they entered on the discharge of
their duties. And as. they have not yet entered into bond and security, as
required by the act, dated the 16th of January, 1838, and the time having
arrived, we deem it proper to make this, our report to you, and hold the
Balance subject to your further orders, in compliance with our bond, on file
|§in the Clerk’s office of Livingston county. We would have been fully
: Satisfied with the above mentioned act, had it been passed under any other
^circumstances, than from the single reason that we had independence enough
(to cast our vote in faver of those whom we believed most worthy .of our
fsupport. We only say we have faithfully discharged our duties as trustees.
[We have done it without fee or reward. We were displaced by special
ifactof Assembly, (if displaced at all,) to give place to other men who would
support Dr. Sanders for physician; and therefore we cannot ask you to re¬
commend us to the Governor for nomination; but do think when we was
j legislated upon, that the crimes we had committed, should have been made
known to us. We cannot believe that the object of that act was fully known
to the Legislature, and it being merely local, was passed by them. Believ¬
ing in the manner of appointment, as provided for in that act, and it com-

131

JOURNAL OF THE SENATE.

plied with by those appointed and appointments made annually,
to be an excellent law.

All of which is respectfully submitted to you.

[Jan. 14

we believ e

D. W. PATTERSON, )

JAMES McCAWLEY, i Trustees
S. P. GOWER, )

Ordered, That the said report be referred to the committee on Education
and that the Public Printer print 150 copies thereof for the use of the Gen' ^
eral Assembly.

1. Mr. James presented the petition of George Dunn, jailer of McCrai
en county, praying for the passage of a law increasing his pay for keeping
in jail runaway slaves.

3- Mr. Pratt presented the petition of Sarah Hays, the widow of Aaron !
A. Hays, praying for the passage of a law authorizing the sale of a house and I
lot in the village of Germany, in Jessamine county, of which said Aaron I
died seized, and that the proceeds be vested more advantageously to the in. |
terest of his heirs.

3. Mr. Rice presented the petition of James Evans, praying for an ap¬
propriation to support his daughter, who is a lunatic.

4- Mr. Burnett presented the petition of James II. Curling, guardian of
his son, John C. Curling, praying for the passage of a law authorizing a '
sale of a small tract of land in Logan county, which descended to the said §
John C. Curling from his deceased mother.

5. Mr. Wingate presented the petition of PI. H. Ford, administrator of the
estate of William L. More, praying for the passage of a law authorizing a
sale and conveyance of a tract of land of which said Moore died seized,°fot ■!
the purpose of paying his debts.

6. Mr. Beatty presented the memorial of sundry citizens of Maysville, '
praying for the repeal of all laws for licensing the retailing of spirituous !
liquors, and the passage of a law prohibiting the traffic in alcoholic liquors. 1

7. Mr. Guthrie presented the petition of the stockholders of the Met- j
chant’s Insurance Company, praying for a modification of their charter.

Which petitions and memorial were received and referred; the 1st to the
committee of Propositions and Grievances; the 2d, 4th, 5th and 7th to the ■:
committtee on the Judiciary; the 3d to the committee of Finance, and the
6th to a committee of Messrs. Beatty, Wingate and Nuttall.

A message was received from the House of Representatives, announcing i
that they had passed a bill, entitled, an act allowing an additional Justice of |
the Peace to Oldham county.

The Senate resumed the consideration of the resolution directing the Li¬
brarian to purchase Audibon’s Ornithology, which was further amended.

135

ieve

ion,

!ej.

id.

ron

and

ron

in-

ap-

lof

aid

the

for

le,

rs.

:r-

ji. 14.] JOURNAL OF THE SENATE,

; ] Mr . Dixon moved to lay the said resolution on the table.

The question being taken thereon, it tvas decided in the negative,

The yeas and nays being required thereon by Messrs. Nuttalland Wel¬
ler, were as follows, viz:

Those who voted in the affirmative Were—

Messrs. Barlow,
Bradshaw,
Burnett,

De Courcy,
Dixon,

Huston,

James,

Jasper,

May,

Morgan, J. S.

Murrell,
Tomlinson,
Weller,
Willis—14.

Those who voted in the negative were—

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
Ford,
Guthrie,

Jesup,

Nuttall,

Pratt,

Rice,

Schooling,
Walker, C. J.

Walker, J. V.
Wallace,
Watkins,
Wickliffe,
Wingate—17.

On the motion of Mr. Wickliffe, the said resolution was placed in the or-

ders of the day.

Mr. Guthrie, from the committee on the Judiciary, made the following

report, viz:

| The committee on the Judiciary have had under consideration the leave
to them referred to bring in a bill to make it the duty of the emancipator of
slaves, to provide means for their transportation to some colony on the
shores of Africa.

■ By the 1st section of the 7th article of the Constitution of Kentucky, it
isjdeclared that “the General Assembly shall pass laws to permit the owners
of slaves to emancipate them, saving the right of creditors and preventing
them from becoming a charge to any county in the Commonwealth.”

■ The Legislature passed an act, approved the 17th of December, 1794, in
accordance with the said provision of the Constitution, and re-enacted the
same act by a law approved February 8th, 179S, to be found in the first
volume of Morehead and Brown’s Digest, page 60S, title, emancipation of
slaves.

a The power of the owners of slaves to emancipate them, is secured by
the constitution, and the right has only two limitations: 1st. that it shall not
be done to the prejudice of creditors; 2d, that the counties may be secured
against becoming chargeable for their support. The leave referred sug¬
gests a third limitation—that the owners shall provide the means, and the
slaves emancipated shall be transported to Africa. This would burden the
.power secured by the Constitution with a heavy money contribution, and
with the absolute necessity of forcing the slave from his country, his family
and his friends, The committee are of opinion that no such additional bur¬
den can be imposed on the owner, and no such additional restriction on the
power, and that the laws already passed and in force on the subject of eman-

136 JOURNAL OF THE SENATE.

cipation, are fall and complete, and therefore ask to be discharged f roil .;
the further consideration of the leave.

Which report was concurred in.

Mr. Nuttall moved that the Public Printer print 150 copies thereof f ot
the use of the General Assembly.

And then the Senate adjourned.

TUESDAY, JANUARY 15, 1S39.

1. Mr. James presented the petition of the trustees and citizens of the -
town of Paducah, praying for an amendment of the charter of said town.

2. Mr. Pratt presented the petition of Robert C. Rankin, praying for the
passage of a law permitting him to vend spirituous liquors by retail, without
being required to comply with the law regulating public taverns.

3. Mr. Wallace presented the petition of sundry citizens of Pendleton
county, praying that a part of said county may be added to the county of
Grant.

Which were received, and the 1st and 2d referred to the committee on
the Judiciary, and the 3d to the committee on Propositions and Grievances.

A message was received from the House of Representatives, announfiL
that they had concurred in the amendment proposed by the Senate to a bill
from that House, entitled an act for the benefit of the trustees of the jury
fund of this Commonwealth, with amendments—which were twice read
and concurred in.

That they had passed bills from the Senate of the following titles, viz:

An act authorizing the city of Lexington to levy an additional tax for
the better organization and efficiency of the fire companies:

An act authorizing the mandate of the Court of Appeals to be filed with
the Clerk of the inferior court, and executions to issue in certain cases, with
an amendment to the latter bill—which was concurred in.

And that they had passed bills of the following titles, viz:

An act authorizing the appointment of a county Treasurer for Pendleton
county.

An act to amend an act, entitled, an act to amend the Jaw in relation to
divorces.

An act for the benefit of Joseph R. Perkins and Mary P„ bis wife.

JOURNAL OF THE SENATE.

Jan. 15.]

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with,
the 1st and 3d were referred to the committee on the Judiciary, and the 2d
to the committee of Propositions and Giievances.

Mr. Wickliffe moved a reconsideration of the vote concurring in the re¬
port from the committee on the Judiciary made yesterday, on the leave to
brino- in a bill to make it the duty of the emancipator of slaves to provide
-means for their transportation to some colony on the shores of Africa.

The question being taken thereon, it was decided in the affirmative.

Mr. Guthrie moved to recommit the said report to the committee on the

The question being taken thereon, it was decided in the affirmative.
The yeas and nays being required thereon by Messrs. Nuttall and W
[were as follows, viz:

Those who voted in the affirmative were—

Schooling,
Tomlinson,
Walker, C. J.
Walker, J. V.
W allace,

W atkins,
Weller,
Wickliffe,
Wingate,
Young, S.—3

Huston,

James,

Jasper,

Jesup,

May,

Morgan, D.
Morgan, J. S.
Murrell,
Pitts,

Rice,

Messrs. Ballinger,

Barlow,

Beatty,

Bradshaw,

Burnett,

Clarke,

Davidson,

De Courcy,

Dixon,

Ford,

Guthrie,

Those who voted in the negative were-

Messrs. Nuttall, Pratt,

Two messages, in writing, were received from the Governor by Mr. Bul¬
lock, Secretary of State; and a message announcing that the Governor had
proved and signed enrolled bills which originated in the Senate of the fol¬
lowing titles, viz:

An act to change the January term of the General Court.

Approved January 4, 1S39.

An act for the benefit of Lucy Jacobs.

An act for the benefit of William Butler, Clerk of the Monroe County
Court. Approved January 5, 1S39.

Engrossed bills of the following titles, were severally read the third time,

Willis—3,

An act to make an addition to the town of Rochester, in Butler county,

JOURNAL OF THE SENATE.

[Jan. I&

An act authorizing a fund to be raised by lottery for the endowment of a
male and female Academy in the town of Paducah, and for other purposes:

An act to legalize the proceedings of the Court of Assessment of the 16th
regiment of Kentucky militia.

An act releasing James Squires from all liability upon his bond, executed
to the Quartermaster General for arms in the year 1S33.

An act the better and more effectually to protect the rights of reversion¬
ary legatees.

An act to amend the law regulating the mode of settling the accounts of
executors, administrators and guardians, approved February 24, 1834.

An act to reduce into one the several acts in relation to the town of
Frankfort, and for other purposes.

An act to incorporate the Frankling Mining and Smelting Company.

An act to amend an act, entitled, an act to establish the Louisville Chan¬
cery Court.

An act to amend the charter of the Shepherdsville and Louisville turnpike
company.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Bills from the House of Representatives of the following titles, were sev-
rally read the third time, viz:

An act to authorize the citizens of Louisville to raise and organize a
militia corps, to be styled the Louisville Legion.

An act for the benefit of the Sheriffs of Franklin and Woodford counties.

An act to preserve the original manuscript of the annual messages of the
Governors of this State.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

A bill from the House of Representatives, entitled, an act to abolish cer¬
tain streets, and parts of streets, in the town of Clinton, in Trigg countv,
was read a third time, as amended.

Resolved, That the said bill, as amended, do pass, and that the title
thereof be as aforesaid.

Bills from the House of Representatives of the following titles, viz:

An act for the benefit of the citizens of Springfield:

An act allowing an additional Justice of the Peace to Oldham county
were read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the first was referred to the committee of Internal Im¬
provement, and the second to the committee of Propositions and Griev¬
ances.

i); rf ) s 0 f America, ana auiuuuu s -.9

f case for it. keeping in the Library room, to be paid foi
appropriation to the Library.

The question being taken on the adoption of the said

decided in the negative.

The yeas and nays being required thereon by Messrs. V
were as follows, viz;

Those who voted in the affirmative were

Pratt,

Wickliffe—7.

Jesup,

Nuttall

Messrs. Beatty,
Clarke,
Guthrie.

Those who voted in the negative were—

, Huston, Walker, C. J.

James, Walker, J. V.

jr > Jasper, Wallace,

May, Watkins,

Morgan, J. S. Weller,

’, Murrell, Willis,

Pitts, Wingate,

Schooling, Y oung, S.—24.

n of Mr. Ballinger, the committee of Internal Improvement
from the further consideration of the petition of the Board

1-10

JOURNAL OF TI1E SENATE.

[Jan.

Ordered, That Mr. Ballinger inform the House of Representatives there¬
of, and request the appointment of a committee on their part.

On the motion of Mr. J. S. Morgan,

Resolved, That the committee on Internal Improvement be instructed to
inquire into the expediency of providing, by law, for a survey of the road
from Thomas Parker’s, in Lewis county, by way of Flemingsburg and Car¬
lisle, to a point on the Maysville and Lexington turnpike road, between
Samuel Arnetts and E. Morton’s; and for an estimate of t lie cost of making
said road on the plan of the Virginia road from the mouth of Big Sandy to
Richmond, Virginia.

On the motion of Mr. Ballinger,

Resolved, That the committee on Privileges and Elections inquire into
the expediency of repealing so much of the law to prevent treating and
bribing at elections, as disqualifies the person receiving any treat, from being
a competent witness.

Leave was given to bring in the following bills, viz:

On tlie motion of Mr. J. S. Morgan—1. A bill to incorporate the Blue
Lick Hotel and Water Company.

On the motion of Mr. Willis—2. A bill for the relief of William Spratt,
and others.

On the motion of Mr. Huston—3. A bill for the benefit of the Spencer
county Seminary.

On the motion of Mr. C. J. Walker—4. A bill to alter the time of holding
the Chancery Court in the county of Madison, and for other purposes.

On the motion of Mr. Schooling—5. A bill to authorize the Board of In¬
ternal Improvement to have a road constructed from where the bridge is
constructing across the Rolling Fork of Salt river, to intersect the old Lex¬
ington road.

6. A bill to amend an act, entitled, an act to incorporate the Lebanon
and Marion turnpike road company, approved February 17th, 1S36.

Messrs. J. fe. Morgan, Beatty and Pratt were appointed a committee to
prepare and bring in the 1st; Messrs. Huston, Johnston and Rice the 3d;
Messrs. J. C. Walker, Ballinger and Rice the 4th; the committee on Mili¬
tary AfTairs was directed to prepare and bring in the 2d, and the committee
on Internal Imbrovement the 5th and 6'th.

And then the Senate adjourned.

JOURNAL OF THE .SENATE.

WEDNESDAY, JANUARY 16, 1839.

1 Mr. James presented the petition of the trustees and citizens of the
town of Paducah, praying that the law establishing a ferry at said town may
be amended.

2 Mr. Beatty presented the memorial of sundry citizens of Mason coun¬
ty, -praying for the repeal of all laws' for licensing the retail of spirituous
liquors, and for the passage of a law prohibiting the trafic in alcoholic liquors,
except so far as the arts or the practice of medicine may be concerned.

Which were received and referred, the former to the committee of Propo¬
sitions and Grievances, and the latter to the committee of Messrs. Beatty,
Wingate and Nuttall.

A message was received from the House of Representatives, announcing
that they had received official information that the Governor had approved
and signed enrolled bills which originated in that House of the following
titles, viz:

An act authorizing the Auditor of Public Accounts to receive the de¬
linquent lists of the Sheriffs of Jefferson, Nicholas, Monroe, Barren and Clarke
counties. Approved January 4, 1839.

An act to incorporate the Hopkinsville Female Academy.

An act to allow an additional Justice of the Peace and Constables to cer¬
tain counties.

An act for the benefit of James L. Todd, a lunatic.

An act to legalize the proceedings of the 74th Regiment of Kentucky
Militia, and for other purposes.

An act authorizing the Register to issue a patent in the name of Barna¬
bas Wing.

An act to amend the charter of the city of Maysville.

An act to have the line run and marked between the counties of Morgan
and Floyd.

An act for the benefit of William Gross.

An act for the benefit of Margaret Iloltzclaw.

An act to change the name of Josiah Cusick, Margarette Cusick and
Samuel Cusick.

An act for the benefit of Anne Dix and Elizabeth Maria Dix.

Approved January 5, 1839.

An act for the benefit of the Sheriff of Shelby county.

An act for the benefit of Nancy L. McCulloch.

An act allowing an additional Justice of the Peace to Butler county.

14-2

JOURNAL OF THE SENATE.

[Jan. 16 .

An act for the benefit of the Clerks of this Commonwealth.

An act for the benefit of the heirs and representatives of Thomas Ja s .
per, deceased.

An act for the benefit of the infant heirs of Henry Crittenden, deceased.

An act for the benefit of George Knox.

An act to run and mark the line dividing the counties of Knox and Whit,
ley.

An act to change the place of voting in the Sugartree Run precinct, in
Breckinridge county.

An act to release from forfeiture, ; and remit the taxes on certain lands
belonging to the estate of George Morris, deceased.

An act for the benefit of William Kerchival.

An act for the benefit of James Henson and George W. McLeod.

An act to change the place of voting in the Floydsburg precinct, in
Oldham county.

An act to amend an act, entitled, an act to establish the town of Pe-
tersburg, in Boone county, approved January 17, ISIS.

An act for the benefit of Thomas Hite.

An act to establish an additional election precinct in Ohio county.

An act for the benefit of the Clerk of the Washington County Court.

An act for the benefit of James M. Hanson.

An act to complete the State road from Mountsterling, by way of
Preslonsburg, to the Virginia line.

An act to incorporate the Louisa Literary Society.

Approved January 7, 1839.

And also that they had passed bills of the following titles, viz:

An act for the benefit of Enoch Yantis, John Gaines, Hamilton Martin
and Thomas J. Gough, Justices of the Peace.

An act to change the place of voting in an election precinct, in Cumber¬
land county.

An act to change the name of Jane Wright to that of Jane Dodd.

An act to provide for running the line between Marion and Washington
counties.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red the petitions of Sarah Hays, James Burling, H. II. Ford and Robert C.
Rankin, reported the following resolution thereon, viz:

Resolved, That the said petitions be rejected—which w r as concurred in.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred bills from the House of Representatives of the following titles,
viz:

An act for the benefit of the citizens of Springfield:

An act for the benefit oi the estate
the same without amendment.

Ordered, That the said bills be ret

The constitutional rule as to the tlm
pensed with,

Resolved, That the said bill do pass,
said.

On the motion
was discharged fr

fectually to pres , ,

which have or may be done to private property, by the
for the-slaekwatering of the different water couises in t—
the further consideration of the resolution to inquire
providing more effectually bylaw, against the use of the public g
pasture, &c., and erecting secure i . .

The Speaker laid before the Senate the following

Governor, viz:

Executive Departmext, )
Frankfort, January lG th, 1839. $

Sl The proceedings of the annual meeting of the Madison county Agricul¬
tural Society, have beeii forwarded to me, with a request that I should com¬
municate the same to the Legislature. I have also been desired, by Major
General E. P. Gaines, to submit to the Legislature his views in relation to
“a system of railroads, to lead from the central and western States oi the
Union to the six grand divisions of the national frontier,” together with a
diagram thereof. Allow me, therefore, in compliance with the several re¬
quests, through you, to lay the accompanying documents before the Senate.

the committee of Internal Improvement
eparing and bringing in a bill more ef-
nay be ascertained,
i erecting of dams
this State, and from
into the propriety of
’ ” : grounds for
and proper buildings for the public offices.

communication from the

144 JOURNAL OF THE SENATE. [Jan. U

Ordered, That the said communication and the accompanying docu.
ments, be referred to the committee on Banks.

The following bills were reported, viz:

By Air. Guthrie, from the committee on the Judiciary—1. A bill to
amend an act dispensing with quarterly and substituting monthly statements
and providing for monthly ballance sheets, to be lodged with the Secretary
of State, by the Banks of the Commonwealth,

2. A bill for the benefit of Harmon Hurst.

By Mr. Beatty, from the committee on Education—3. A bill to incorpor,
ate the Mount Vernon Academy, in Christian county.

By Mr. Ford, from a select committee—4. A bill to authorize the Register
of the Land Office to register certain plats and certificates of survey, made
in Wayne county in 1S3S.

By Mr. J. S. Morgan, from a select committee—5. A bill to incorporate
the Blue Lick Hotel and Water Company.

By Mr. Willis, from a select committee—6. A bill to appoint trustees j
for the town of Summerville.

By Mr. C. J. Walker, from a select committee—7, A bill to alter the
time of holding the Chancery Court in the county of Madison, and for other
purposes.

By Mr. Huston, from a select committee—S. A bill for the benefit of the
Spencer county Surveyor.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being dis¬
pensed with, the 1st, 2d, 3d, 4th, 6th and 8th were ordered to be engrossed
and read a third time, and the 5th and 7th were referred to the committee
on the Judiciary.

Leave was given to bring in the following bills, viz:

On the motion of Air. Nuttall—1. A bill to amend the law concerning
bail in civil actions.

On the motion of Air. Willis—2. A bill to amend the laws in relation to
ferries.

On the motion of Air. Alay—3. A bill to improve the downward naviga¬
tion of the Big Sandy river, from Pikeville to its mouth.

On the motion of Air. Weller 4—A bill to incorporate the Princeton and
Ohio turnpike road company.

On the motion of Mr. Pitts—5. A bill for the benefit of Wm. E. Dixon.

On the motion ot Air. Barlow—6. A bill to provide for building a bridge
acioss Big Rennicks, near the mouth of Little Rennicks, in Cumberland
county.

145

I Jan. 16.] JOURNAL OF THE SENATE.

On the motion of Mr. Guthrie—7. A bill to incorporate the Louisville
Coal Company.

On the motion of Mr. Schooling—8. A bill for the benefit of the Sheriff
of Washington county, ancl for other purposes.

On the motion of Mr. Rice—9. A bill to incorporate the town of Louisa.
On the motion of Mr. Bradshaw—10. A bill for the benefit of Cassander
Miller.

The committee on the Judiciary was directed to prepare and bring in the
I 1st and 7th; the committee of Propositions and Grievances the 2d, 5th and
10th; the committee of Internal Improvement the 3d, 4th and 6th; the com¬
mittee of Finance the 8th, and Messrs. Rice, Huston and C. J. Walker were
i appointed a committee to prepare and bring in the 9th.

On the motion of Mr. Rice, leave was given to withdraw the petition of
j William Kouns.

A message, in writing, received from the Governor on yesterday, was
I taken up and read as follows, viz:

Executive Department, )

Frankfort, 1 5th January, 1839. J

Gentlemen of the Senate:

I nominate for your advice and consent, the following persons, to be com¬
missioned for the offices annexed to their names, to-wit:

Richard P. Robinson, to be Colonel in the 56th Regiment, in place of
John Bowling, resigned.

Henry Davis, to be Lieutenant Colonel of the 56th Regiment, in place of
I John Sword, resigned.

John Clay, to be Major in the 56 Regiment, in place of Richard P. Rob¬
inson, if promoted.

John W. Watkins, to be Colonel of the 84th Regiment, in place of John
H. Mims, resigned.

Lewis G. Beck, to be Major of the 84th Regiment, in place of John LI.
Watkins, resigned.

William Henry, to be Colonel of the 115th Regiment, in place of Jacob
Morton, removed.

John Power, to be Lieutenant Colonel in the 115th Regiment, in place of
William Henry, if promoted.

John McGuire, to be Major of the 115th Regiment, in place of Thomas
Easterling, refused to accept.

Robert M. Davis, to be Colonel of the 43d Regiment, in place of John
Davenport, resigned.

Thomas Pitman, to be Lieutenant Colonel of the 43d Regiment, in place
K of Robert M. Davis, if promoted.

James A. Fisher, to be Major of the 43d Regiment, in place of Thomas
Pitman, if promoted.

Henry B. Drake, to be Major of the 77th Regiment, in place of W, W.
Jacobs, promoted.

JOURNAL OF THE SENATE,

Richard Huff, to be Lieutenant Colonel of the S2dd Regiment, in place of
George S. Waugh, deceased.

James Mullins, to be Major of the 82d Regiment, in place of Richard
Huff, if promoted.

JAS. CLARK.

Resolved, That the Senate advise and consent to the said appointments.
A message, in writing, received from the Governor on yesterday, was ta¬
ken up and read as follows, viz:

Executive Department, )
Frankfort, January loth, 1S39. )

Gentlemen of the Senate:

I nominate for your advise and consent, the following persons to be com¬
missioned for the offices annexed to their names, to-wit:

Joseph W. Wiltberger, to be Sheriff of the county of Hart.

Benjamin Straughn, to be Sheriff of the county of Estill.

Randolph W. Alcorn, to be Sheriff of the county of Livingston.

The County Courts of the said counties of Hart, Estill and Livingston,
having failed to recommend agreeably to the Constitution.

Stephen W. D. Stone, to be Notary Public in the county of Hardin, in
place of Daniel R. Hay craft, resigned.

Charles B. Williams, to be Mayor of the city of Maysville.

John Brown, to be Sheriff of the county of Owen.

JAS. CLARK.

Resolved, That the Senate advise and consent to the said appointments.

The Senate, according to the standing order of the day, resolved itself
into a committee of the whole House on the state of the Commonwealth,
Mr. Ballinger in the Chair. After some time spent in committee, the Speak¬
er resumed the Chair, when Mr. Ballinger reported that the committee had,
according to order, had under consideration a bill establishing the office of
Comptroller of the Treasury, and for other purposes, and had made some
progress therein; but not having time to go through the same, had directed
him to ask leave to sit again—which leave was granted.

And then the Senate adjourned.

Jan. 17.]

JOURNAL OF THE SENATE.

147

THURSDAY, JANUARY 17, 1839.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
bills from the House of Representatives of the following titles, viz:

1 An act authorizing the appointment of a county Treasurer for Pendle¬
ton county:

2 An act to authorize the trustees of Paris to sell a certain lot and
street therein:

3. An act for the benefit of Joseph R. Perkins and Mary P., his wife:

4. An act for the benefit of Nancy Collins—reported the same without
amendment

Ordered , That the said bills be read a third time.

The constitutional rule as to the third reading of the 1st, 2d and 3d bills
being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

On the motion of Mr. Willis, the committee of Propositions and Griev¬
ances was discharged from the further consideration of the petition of sun¬
dry citizens of Oldham county, praying that the county seat of said county
may be established in the town of Westport.

A message was received from the House of Representatives, announcing
that they had passed a bill from the Senate, entitled, an act to amend an act,
entitled, an act for the benefit of William Butler, Clerk of the Monroe
County Court, approved 5th January, 1839.

And that they had passed bills of the following titles, viz:

An act for the benefit of Elias Dobson.

An act to establish the town of Frederick, in Barren county.

On the motion of Mr. Ballinger, the committee of Internal Improvement
was discharged from the duty of preparing and bringing in a bill to branch
the Bardstown and Green river turnpike road, and join it with the Louis¬
ville turnpike road.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill to amend the charter of the Logan, Todd and Christian
turnpike road company, reported the same with the opinion of the com¬
mittee that it ought not to pass.

The said bill was referred to the committee on the Judiciary.

Mr. Ballinger, from the same committee, to whom was referred a bill
from the House of Representatives, entitled, an act authorizing Thomas
Bratcher to build a mill dam across Caney creek, reported the same without
amendment.

JOURNAL OF THE SENATE.

[Jan. 17.

148

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

The following bills were reported, viz:

By Mr Guthrie, from the committee on the Judiciary—1. A bill for the
benefit of the heirs of Francis Blaydes, deceased.

2. A bill to amend an act incorporating the Stockholders of the Mer¬
chants’ Louisville Insurance Company.

By Mr. Willis, from the committee of Propositions and Grievances—3.
A bill for the relief of William E. Dixon.

4. A bill for the benefit of Mason W. Sherrill.

By Mr. Ballinger, from the committee of Internal Improvement—5. A
bill for the benefit of the Lexington and Ohio Railroad Company.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being dis¬
pensed with, the 1st, 2d and 4th were ordered to be engrossed and read a
third time, the 3d was referred to the committee on the Judiciary, and the
5th to the committue of the whole House on the state of the Common¬
wealth, and made the order of the day for Tuesday next.

On the motion of Mr. Jesup, the committee on Military Affairs was dis¬
charged from the further consideration of the resolution to enquire into the
expediency of repealing so much of an act authorizing the Governor to pro¬
vide for the collecting together and safe keeping of the public arms, as gives
him discretionary power to distribute said arms and accoutrements among
the different volunteer companies or troops of the militia of this State.

Mr. Jesup moved that the committee on Military Affairs be discharged
from the further consideration of a resolution instructing them to inquire
into the expediency of so amending the militia law as to exempt those that
have guns from carrying them to muster.

The question being taken thereon, it was decided in the negative.

On the motion of Mr. Beatty, the committee on Military Affairs was in¬
structed to report a bill repealing the penalty for mustering without arms.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Schooling—1. A bill to amend an act, entitled, an
act for the benefit of the estate of Joseph Spencer, deceased, approved Feb.
16 th, 183S.

On the motion of Mr. Wickliffe—2. A bill to authorize the city of Lex¬
ington to borrow money for certain purposes.

On the motion of Mr. Barlow—3. A bill to provide for the improvement

Jan. 18.]

JOURNAL OF THE SENATE.

149

of the stage road from Glasgow, in Barren county, to the Tennessee line,
by the way of Tompkinsville, in Monroe county.

On the motion of Mr. Dixon—4. A bill to establish the Dental College

of Surgeons of Kentucky.

The committee on the Judiciary was directed to prepere and bring in the
1st- the committee of Internal Improvement the 3d; the committee on Edu¬
cation the 4th, and Messrs. Wickliffe, Johnston and May were appointed a
committee to prepare and biing in the 2d.

The Senate, according to the standing order of the day, resolved itself
into a committee of the whole House on the state of the Commonwealth,
Mr. Ballinger in the Chair. After some time spent in committee, the Speaker
resumed the Chair, when Mr. Ballinger reported that the committee had,
according to order, had under consideration a bill establishing the office of
Comptroller of the Treasury, and for other purposes, and had made further
progress therein, but not. having time to go through the same, had directed
him to ask leave to sit again—which leave was granted.

The Speaker laid before the Senate the following letter and report of the
Auditor of Public Accounts.

[ For this Report—see Apppendix.]

Ordered, That the Public Printer print 150 copies thereof for the use of
the General Assembly.

And then the Senate adjourned.

FRIDAY, JANUARY 18, 1S39.

1. Mr. Weller presented the petition of John Weeks, late Sheriff of Cald¬
well county, praying for the passage of a law permitting him to collect and
distrain for the taxes yet due and uncollected by him as Sheriff of said
county.

2. Also the petition of sundry citizens of Caldwell county against the
passage of a law giving further time to return plats and certificates of sur¬
vey of head-right claims, and praying for the passage of a law to confirm
the recent pattented claims of actual settlers,

3. Mr. Jasper presented the petition of Hannah Sayers, and others, pray¬
ing for the passage of a law requiring the County Court of Pulaski county

JOURNAL OF THE SENATE.

[ j an. 18,

to make an allowance for the support of her mother, Tabitha Hicks, a poor
person, without requiring her to go to the poor house of said county.

4. Mr. Beatty presented the petition of sundry citizens of Mason county
praying that the salary of Walker Reid may be the same as received by
other Circuit Judges.

5. Mr. Murrel presented the petition of sundry citizens of Barren county
praying that an additional Justice of the Peace may be allowed to said
county.

6. Mr. Weller presented a communication from William Gordon in rela¬
tion to the affairs of Cumberland Hospital.

Which were received and referred; the 1st, 2d, 3d and 5th to the com.
mittee of Propositions and Grievances; the 4th to the committee on the Ju.
diciary, and the 6th to the committee on Finance.

On the motion of Mr. Weller,

Resolved, That the committee on Finance be instructed to inquire into
the affairs of the Cumberland Hospital, and report by bill or otherwise, and
that they be authorized to send for persons and papers if necessary.

The committee on Education was discharged from the further considera¬
tion of the annual report of the trustees of the Cumberland Hospital, and
the said report was referred to the committee of Finance.

The Speaker laid before the Senate the fourteenth annual report of the
President and Directors of the Louisville and Portland Canal Company,
which is as follows, viz:

Fourteenth annual report of the President and Directors of the Louisville
and Portland Canal Company.

The Board present to the stockholders of the corporation a statement of
the affairs of the company, and of their proceedings for the past year.

The expenditure in 1837, towards the completion of the canal, was 5,942
05, and fifty shares of stock were sold in January last for $6,050 to meet
the same. In the past year the amount expended on the same account, has
been $20,S46 30; to replace which two hundred shares of stock have been
sold in Philadelphia for $26,000, which will leave a balance of 5,36 1 65,
to be appropriated towards the permanent improvements now in progress.
The number of shares is now 9,783, equal to $978,300.

To balance as per last report,

Received for 50 shares of stock sold,

Received for canal tolls, -

Received for rents, and other incidental receipts,

Received for 200 shares of stock sold,

The above balance will enable the Company to make a final dividend of
five per centum, which, with the partial dividend of six per cent, paid in
July, will make eleven per cent, for the year.

The unprecedented continuance of low water in the Ohio, at the season
of the most profitable operations on the canal., has lessened the receipts in
the last quarter of the year, in the sum of from 25,000 to $30,000 of what
bright have been reasonably anticipated, and that instead ol five per cent, a
dividend of eight percent, would, in the ordinary state of the river, have
been made.

The improvements towards the completion of the canal during the past
year, have progressed with much more rapidity than in any former year;'
the long continuance of low water, and the consequent necessity of taking
advantage of this circumstance in expeditiously laying the foundation for the
walls insuch parts of the canal where the solid rock is generally under
water; this part has been accomplished, with the exception of about 100
yards yet to be laid, on which a strong force is still employed.

The wall is now completed from the foot of 11th street down the canal to
within 300 yards of the locks, and as low as it is proposed to erect it on the
southern side.

The northern bank of the canal has been much relieved by the removal
of immense quantities of loose stone, which were constantly falling in and
obstructing the navigation. The foundation of a vertical wall has been laid,
and partially finished, from the extreme head of the canal for about one half
he distance to the stone bridge, and for upwards of 500 yards in detached
arts below that point.

The building of the wall is but of moderate cost, but to clear away the
earth and rock from the sides of the canal of a sufficient width to commence
the foundation, so as to maintain a uniform width iii the canal of 65 feet,
constitutes the principal expense of this important improvement. The
width of 65 feet has been assumed in anticipation of hereafter constructing
an additional set of locks of increased dimensions. The whole extend of
wall intended to be built can readily be finished in two years.

During the past low water season, the birm rock or projecting foundation
on which the walls are erected, has been wedged and blasted off down to
extreme low water, from the head of the canal, on the southern side, to
within about 200 yards of the stone bridge, and in many of the worst place*

Bv dividends No. 9, paid in January, -
By dividend No. 10, paid in July, - - - -

Paid on account of superintendence and labor on locks,

■Paid on account ol repairs and alterations,

Paid on account of lighting and watching, -

paid on account of completing canal, including a purchase of
[ land at Shippingport, &c., - ■ -

Paid on incidental office expenses and salanes,

Paid balance in the Treasury, including amount received in
Philadelphia for 200 shares ol stock,

Cn.

$66,731 00
57,498 00
9,534 74
6,508 23
1,073 57

20,846 30
1,734 55

50,193 59

$214,119 98

»Jax. 18.]

JOURNAL OF THE SENATE.

153 JOURNAL OF THE SENATE. [Jan. j S

below that point. This work is of much importance, as it widens and
straightens the canal at the base of the walls, and preserves the wheels of
steamboats from injury. Experience proves that at least three-fourths of
this birm can be wedged off and removed without impeding the navigation
of the canal.

A pair of new gates have been made and put up at the upper lift lock.
The head of the canal has been widened 25 feet, and the side wharfed with
logs, there being no foundation for a wall; this job has been attended with
considerable expense, the bank being formed of a mass of trees and loose
deposit; it has however been accomplished, and adds greatly to the appear-
ance of this part of the canal, and to the safety and facility of boats entering
or departing from the same.

Respectfully submitted,

JAMES MARSHALL, Peresident.
SIMEON S. GOODWIN, Secretary.

Office of the Louisville and Portland Canal Company, )

December 31s£, 1S38. j

Abstract of the boats that have passed, and tolls received on the Louisville

and Portland Canal.

Years.

Steamboats.

Flat and Keelboats.

Tons.

Amount received.

1S31

406

421

76,323

$12,750

1S32

453

179

70,109

25,756

1833

875

710

169, SS5

60,736

1834

938

623

162,000

61,S48

1835

1,256

355

200,413

80,165

1S36

1,182

260

1S2,220

88,343

1837

1,501

165

242,374

145,424

1838

1,058

43S

201,750

121,107

7,669

3,151

1,305,074

$596,132

At a meeting of the stockholders of the Louisville and Portland Canal
Company, at their office in the city of Louisville, January 7, 1839, the re¬
port of the President and Directors was received and ordered to be printed.

The following persons were then duly elected President and Directors for
the present year:

JAMES MARSHALL, President,
SIMEON S. GOODWIN,

JOHN HULM, Vnirect'n

JAMES RONALDSON, f
ELIILU CI-IAUNCEY, J

Resolved, That the Board of President and Directors be directed to make
and pay out to the stockholders a final dividend of five dollars per share for

JOURNAL OF THE SENATE,

Jan. 18.]

the last six months, on the whole number of shares standing on the books of
the Company, Dec. 31st, 1S38, to be paid to the persons in whose names the
stood on that day, making the dividend for the year eleven per cent.
Stock stoou j, & W. G. BAKEWELL, Chairman.

f Extract from the Minutes.]

S. S. GOODWIN, Secretary.

Ordered, That the said report be referred to the committee of Finance.
Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled, an act to
amend an act, entitled, an act to amend the law in relation to divorces, re-

JOURNAL OF THE SENATE.

SATURDAY, JANUARY 19, 1839.

Mr. Aquilla Young, a member of the Senate from the counties ot Mont¬
gomery and Bath, appeared and took his seat.

The Speaker laid before the Senate the following report of the Board of
Internal Improvement, viz:

January, 9, 1S39.

The Board of Internal Improvement, in answer to the resolution of the
Senate of the 5th instant, would respectfully report:

That at their meeting on the 1st Monday in December last, the propriety
of making some diminution in the number of the Engineers, and a reduction
of the salaries, was presented to the consideration of the Board, and has
since been occasionally discussed. The Board were at no loss to conclude,
if the General Assembly, at its present session, required no further surveys
to be made, that a just regard to economy would make it expedient and
proper, that the corps should be lessened in number; and as some of the
public works have been finished, and others approximate completion, that
the salaries of some of the Engineers, now engaged in the service, could be
reduced. But for reasons which the Board r are satisfied will be apparent
to the Senate, they did not deem it compatible with the public interest, to
undertake the business of reduction at the commencement of the session,
and postponed, for the present, their final action on the subject.. It is the
purpose of the Board, if the Legislature should not enlarge the sphere of
their operations in the field during the ensuing season, to dispense with the
services of such of the corps as are not essential to the vigorous and suc¬
cessful prosecution of the several public works, and also make such reduc¬
tions in the amount of the salaries, as, in their judgment, will be consistent
with the interests of the State. The Board believe that a considerable re¬
duction may be safely made.

The Board would take occasion to remark, that they have the utmost
confidence in the skill and good conduct of the Engineers now in their em¬
ployment, and would esteem it a public misfortune to be deprived of the
services of the principal Engineer and several of the assistants.

Which is respectfully submitted.

J. T. MOREHEAD.

Hon. C. A. Wickhffe,

Speaker of the Senate.

Ordered , That the said report be referred to the committee of Internal
Improvement.

Mr. James presented the petition of the trustees and citizens of the town
of Columbus, praying for an amendment of the laws concerning the said
town, which was received and referred to the committee of Propositions
and Grievances.

Jvx 19 ] JOURNAL OF THE SENATE. 155

A message was received from the House of Representatives, announcing
the passage°of bills of the following titles, viz:

An act for the benefit of the Sheriffs of Estill and Pendleton counties.

An act to change the place of voting in the Stamping Ground precinct, in

Scott county.

Mr Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills which originated in the House of Repre¬
sentatives of the following titles, and had found the same truly enrolled, viz:

An act. to authorize the citizens of Louisville to raise and organize a
militia corps, to be styled the Louisville Legion.

An act authorizing the trustees of the town of Bedford to reduce the
width of a certain street therein, and to sell the part so stricken off.

An act to reduce the bounds of the town of Brownsborough.

An act to amend an act to establish a ferry across the Ohio river at Pa-

ducah. iooc

An act supplementary to an act, approved the 12th of February, IbdS,

for the benefit of Isaac Young.

An act for the benefit of George O. Stovall.

An act for the benefit of John W. Flora.

An act concerning the Meade Circuit Court.

An act for the benefit of Thomas J. Paris.

An act for the benefit of the Sheriffs of Franklin and Woodford counties.
An act for the benefit of the trustees of the jury fund in this Com¬
monwealth, and for other purposes.

An act to preserve the original manuscript of the annual messages of die
Governors of this State.

An act to authorize the trustees of Paris to sell a certain lot and street
therein

An act for the benefit of Joseph R. Perkins and Mary P., his wife.

An act for the benefit of the citizens of Springfield.

An act authorizing the appointment of a county 1 reasurer for Pendle¬
ton county. «

An act authorizing Thomas Bratcher to build a mill dam across Caney

creek.

And enrolled bills which originated in the Senate ol the following titles,
viz:

An act authorizing the mandate of the Court of Appeals to be filed with
the Clerk of the inferior court, and executions to issue in certain cases.

An act authorizing the city of Lexington to levy an additional tax for
the better organization and efficiency of the fire companies.

An act for the benefit of Samuel Ingram, late Sheriff of Marion county.

156 JOURNAL OF THE SENATE. [Jan. 19 .

An act to amend an act, entitled, an act for the benefit of William Butler,
Clerk of the Monroe County Court, approved 5th January, 1S39.

The said bills being signed by the Speaker of the House of Representa¬
tives, the Speaker of the Senate affixed Ins signature thereto, and they were
delivered to the committee to be presented to the Governor for his approba¬
tion and signature. After a short time Mr. Barlow reported that the com.
mittee had performed that duty.

Mr. Rice, from the committee appointed for that purpose, reported a bill
to incorporate the town of Louisa, in Lawrence county—which was read
the first time, and ordered to be read a second time.

The constitutional rule as to the second reading of the said bill being dis¬
pensed. with, it was referred to the committee on the Judiciary.

The Senate resumed the consideration of the motion of Mr. Ballinger to
discharge the committee of Internal Improvement from the further con¬
sideration of the resolutions, moved by Mr. Wickliffe on the second instant,
in relation to certain acts of the Richmond and Lexingtion turnpike road
company.

The question being taken on discharging the said committee, it was de¬
cided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and Wel¬
ler, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger, Guthrie,

Barlow, Hanson,

Beatty, Morgan, J. S.

Bradshaw, Murrell,

Clarke, Pratt,

Davidson, Rice,

Dixon,

Those who voted in the negative were—

Messrs. De Courcy, Jesup, Wickliffe,

Ford, Johnston, Willis,

Huston, Pitts, Young, A.

Jasper, Tomlinson, Young, S.—12.

On the motion of Mr. Wickliffe, the said resolutions were referred to the
committee on the Judiciary.

And then the Senate adjourned.

Walker, C. J.
Walker, J. V.
Wallace,
Watkins,
Weller,
Wingate—19.

Jan. 21.]

JOURNAL OF THE SENATE.

157

MONDAY, JANUARY 21, 1839.

A message was received from the House of Representatives, announcing
the passage°of bills from the Senate of the following titles, viz:

An act°giving to officers, and crews, and mechanics, and others, a lien on

steamboats.

i An act to authorize the Clerk of Trigg county to record certain deeds.

An act legalizing the appointment and acts of the Clerk pro tern, of the
Gallatin Circuit Court.

An act for the benefit of Robert and Jane Middleton.

An act for the benefit of the heirs of John T. Langhorne.

An act to amend the charter of the Shepherdsville and Louisville turnpike
company.

An act for the benefit of the heirs of John C. Self.

An act to change the time of holding the Carter County Court.

An act to incorporate the Frankling Mining and Smelting Company—
with amendments to the three last named bills.

And that they had passed bills of the following titles, viz:

An act making an appropriation to build a bridge across Russell’s creek,
in Adair county, and for other purposes.

An act to provide for the extension of the Lexington, Nicholasville and
Danville turnpike road from Danville, and to unite the same with the Louis¬
ville, Bardstown and Springfield turnpike road, at Springfield.

An act to amend an act incorporating a company to turnpike the road
from Greensburg, by way of Columbia, Jamestown and Monticello, to the
Tennessee State line, in the direction of Knoxville.

An act to establish a State road from the mouth of Salt river to Bowling-
green, through Grayson county.

• An act for the benefit of the mechanics of Maysville.

An act to change the venue in the case of John D. Perkins.

An act authorizing a survey of the road leading over Mount Scratchum,
and Old Landing hills, in Estill county.

An act to incorporate the Bank Lick turnpike road company.

An act authorizing a toll gate to be erected between Stanford and the
Hanging Fork, in Lincoln county.

1. Mr. James presented the petition of sundry citizens of Smithland, con¬
cerning the Smithland Hospital.

2. Mr. Guthrie presented the petition of sundry citizens of Louisville,
praying for the grant of a charter to the Louisville fuel company.

158 JOURNAL OF THE SENATE. [Jan. 21.

3. Mr. Ford presented the petition of Henry C. Garuth, praying for the I
passage of a law permitting him to bring a negro boy to this State.

4. Mr. Jesup presented the petition of James McCauley, praying for the I
passage of a law allowing him to peddle goods, &c., and retail spirituous I
liquors, any wherein this Commonwealth,free of charge for license.

5. Mr. Clarke presented the petition'of sundry citizens of the town of I
Nicholasville, and of Jessamine county, praying lor the passage ol a law I
authorizing an alteration of a road near said town.

Which petitions were received; the 1st and 4th were referred to the com. ||
mittee of Finance; the 3d to the committee ol Propositions and Grievances;
the 5th to the committee of Internal Improvement, and the 2d was laid on
the table.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
a bill to amend an act, entitled, an act to incorporate the town of Albany,
in Clinton county, and Ballardsville, in Oldham county, approved January
27, 1838, reported the same with amendments—which were concurred in.

Ordered, That the said bill be engrossed and read a third time.

Mr. Guthrie, from the same committee, to whom was referred a bill to
incorporate the Blue Lick Hotel and Water Company, reported the same
without amendment.

Ordered, That the said bill be engrossed and read a third time.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to enforce the payment of
State dividends declared by certain incorporated companies, and for other
purposes, reported the same with amendments—which were concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred the petition of sundry citizens of Pendleton county, praying
that a part of said county be added to the county of Grant, reported the
folio-wing resolution thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

On the motion of Mr. Wallace, leave was given to withdraw the said
petition.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act to
change a part of the State road from Brandenburg to Bowlinggreen, report¬
ed the same without amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Ballinger, the committee of Internal Improvement

j JOURNAL OF THE SENATE. 159

harmed from the further consideration of the petition of Abel Pen-
and others, praying for an appropriation to improve the downward
m of the Middle Fork of Kentucky river.

ieattv from the committee on Education made the following report,

i The select committee, to whom was referred the several memorials from
[citizens of Mason and Bracken counties, asking a revision of the license
laws and praying “the repeal of all laws now in lorce licensing, in any form,
'the retail or sale^of spirituous liquors as a beverage or common drink, and to
Lnact in their stead, a law which shall make the vending of spirituous liquors,
'of any description, as a drink, or the giving of them to evade the law, an
offence of no ordinary magnitude against this Commonwealth, and punish¬
able as in the wisdom of the Legislature might be thought best,” have had
that subject under mature consideration, and have agreed upon the following

1C Upon a careful examination of the various acts concerning the retailing
of spirituous liquors, commencing as far back as the year 1793, the com¬
mittee are satisfied that the object of these laws was not to legalize, but
rather to restrain and discourage the retailing of such liquors. If there had
been no law in relation to this matter, every person that choose to do so,
mUht have engaged in this kind of trafic. But by the act of 1/93, tavern
keepers were compelled to take out a license before they could sell any spirit¬
uous liquors, and to execute bond, conditioned that they would keep an or¬
derly house, and “not. suffer any person to tipple or drink more than is ne¬
cessary.” These expressions are somewhat indefinite, but it is manifest that
the Legislature intended that no person should be permitted to drink to ex¬
cess, orso as to become intoxicated. Now, if this provision of the act of
1793 had been strictly adhered to, it is obvious that no person could have
obtained the means of getting intoxicated at a tavern; much less could he
have become a confirmed drunkard by frequently tippling to excess, or drink-
in' 1 ', as the law expresses it, “more than is necessary.”

"Besides tavern keepers, two discriptions of persons only were allowed to
1 retail spirituous liquors : these were merchants and manufacturers of spirit-
luous liquor, each of whom could sell as small a quantity as one quart, but
not to be drank at their store or house. Here again the law adopted the pre¬
caution of not suffering the liquor to be drank at the place of sale. It ob¬
viously intended to prevent public tippling, and designed that the liquor
should be carried to the home of the party who purchased.it. If the spirit
of this provision had been carried out, it could not have given rise to any
tippling or drinking in public.

From these remarks, Ave may Avell conclude that the Legislature designed
to prevent all excess in the use of spirituous liquors. But experience has

160

JOURNAL OF THE SENATE.

such excess as to become intoxicated; and hence, in general, symptoms of
intoxication would be the first intimation lie could have that one of his
guests had drank too much. It is obvious, therefore, that there was an in.
trinsic obstacle to the execution of the law according to its spirit. And all
subsequent attempts to remedy the evils arising from the non-execution of
the act of 1793, have proved utterly unavailing. Instead ot checking the
practice of retailing spirituous liquors, it has been continually increasing,
and its baleful influence has been such as- to produce the most lamentable
eSects upon a large portion of our citizens, and the most heart-rending
scenes in private families. Some idea may be formed of the magnitude of
the evil from the following facts, taken from the report of the Executive
Committee of the Northern Kentucky Temperance Union. The Exeeu-
tive Committee is composed of highly respectable gentlemen, and whose
sources of information are such as to leave no doubt ol the general accuracy
of the facts collected by them, chiefly from the several Clerks of the different
counties of this Commonwealth. They state that there are at least 1200
licenses granted by the county courts, and by the corporations of the towns
and cities in this State; and consequently one licensed tavern, grocery or
coll’ee house to every five hundred inhabitants, which is about equal to one
for every sixty white males of adult age. Besides these, the Executive
Committee state that there are 2,400 places at which spirituous liquors are
sold without license, making, as they observe, “one grog shop to every 200
inhabitants.” If this be even an approximation to the truth, another fact
stated by the same committee, will not be matter of great surprise, to-wit: that
“in Kentucky we have at least 20,000 drunkards, or six to every grog shop,
and one to every thirty five inhabitants.” The executive committee esti¬
mate, at the most moderate calculation, that $500 worth of liquor is sold at
each of the licensed places, upon an average, and $200 worth at each of
the unlicensed places, per annum, making the enormus sum of one million
and eighty thousand dollars expended annually in purchasing liquors by re¬
tail from taverns, coffee houses and groceries.

This is the lowest estimate ; but the Executive Committee think they
would be well warranted; from all the facts they have collected, to carry the
estimate to “two millions of dollars, annually squandered for intoxicating
liquors.” The same committee have collected a variety of other facts to
show that pauperism and crime have been greatly extended in consequence
of the extravagant use of intoxicating liquors in the State of Kentucky. It
is deemed, however, unnecessary to go further into the detail of facts in
proof of the evil consequences, resulting from the state of morals and deg¬
radation, which have resulted from the practice of suffering spirituous liquors
to be retailed almost without restraint. No one can cast his eyes around
without witnessing the most enormous evils, resulting from habitual intoxi¬
cation. To say nothing of the great number of crimes which have their
origin in the distructive practice of resorting to tippling houses, and thus
too frequently acquiring the besotting practice of intoxication, how often
do we behold the peace of families broken up ? the tender mother driven
from the protecting care of her infant offspring by her brutish husband, and
the children, devoid of all education, reared in poverty and degradation, and
thrown upon the cold charity of the world, without a single qualification to
fit them for obtaining an honest livelihood?

Is there no remedy for evils of such unspeakable magnitude? If there

JOURNAL OF THE SENATE.

161

were not it would indeed De a mosi laineiuauie cucumsiauce. vv e uunuui
expect the evil to remain stationary. All experience has shown that hither¬
to it has been regularly progressive. Unless we can entirely check its
career, it will still continue to advance. We have made a fair and full ex¬
periment of the license system; it has been revised, from time to time, from
the year 1793 down to 1S34. The last general act, approved 24th Febru¬
ary, 1834, seems to have been framed with the utmost caution, but it has
had' no effect in freeing the country from habitual intoxication, and the con¬
sequent evils resulting from that miserable vice. What then is to be done?
There is but one remedy left, and that will be effectual, if our countrymen
have the courage, the constancy and the energy to carry it into complete
execution. The remedy is to attack the evil at its foundation. The prac¬
tice of retailing alcoholic liquors, except for medical purposes and to pro¬
mote the arts, must be not only forbidden by law, but completely denounced
by public sentiment. It would be worse than useless to forbid the retailing
of spirituous liquors by law, unless public sentiment would uphold and
rigidly enforce the execution of the law. If a law on this subject should
pass and remain unexecuted, because not sustained by public sentiment, our
condition would be perfectly hopeless. We will have tried the only effec¬
tual remedy for the disease, before the patient is properly prepared for that
remedy; and failing of success, on that account, it would be almost impos¬
sible to persuade the patient to make a second trial. It is the course of wis¬
dom then to prepare public sentiment for so decisive a measure as a total
prohibition of the sale, by retail, (except for medical purposes and to pro¬
mote the arts,) of alcoholic liquors, until the public mind shall be prepared,
not only to acquiesce in the measure, but to afford a hearty and vigorous co¬
operation in carrying the prohibition into full and complete execution. The
committee believe that the country is not yet prepared for so radical a
change in its policy, and therefore recommend the adoption of the following
resolutions:

1. Resolved, That in the opinion of this Senate, the only effectual remedy
for the evils complained of in the memorials, is a total prohibition of the
sale of alcoholic liquors, by retail, except for medical purposes and to pro-?
mote the arts.

2. Resolved, That for the purpose of bringing this subject before the

people for their consideration,-copies of the foregoing report and re¬

solutions be printed for the use of the Legislature, and that the farther con¬
sideration of the memorials be postponed until the next session of the Legis-.
lature.

Mr. Hanson moved to lay the said report on the table.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wingate and
Davidson, were as follows, viz;

Those who voted in the affirmative were-

Messrs. Barlow,
Bradshaw
Burnett.

Dixon,

Ford,

Hanson,

Huston

James,

Jasper,

■■

JOURNAL OF THE SENATE,

Jesup, Wallace, Willis,

May, Watkins, Young, A.

Pratt, Weller, Young, S.—19.

Tomlinson,

• • ’ ‘

Those who voted in the negative were—

Messrs. Ballinger, De Courcy,

Beatty, Morgan, j. S.

Clarke, Murrell,

Davidson, Pitts,

Mr. Beatty moved that the Public Printer print 150 copies of the said
report for the use of the General Assembly.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Tomlinson and
Wingate, were as follows, viz:

Those who voted in the affirmative were—

Murrell,

Pitts,

Rice,

Walker, C. J.
Wallace,

Wield iffe,
Wingate—22,

Rice,

Walker,

Wickliffe.

Wingate-

Messrs. Ballinger, Guthrie,

Barlow, Hanson,

Beatty, Huston,

Bradshaw, James,

Clarke, Jasper,

Davidson, Johnston,

De Courcy, Morgan, J. S.

Ford,

Those who voted in the negative were

Messrs. Burnett, Pratt,

Dixon, Tomlinson,

May, Watkins,

Mr. Hanson, from the committee of Finance, reported a bill for the benefit
of Martha Anderson, which was read the first time, and ordered to be read
a second time.

The constitutional rule as to the second reading being dispensed with,

Mr. Ford moved to lay the said bill on the table.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ford and Jesup,
were as follows, viz:

Those who voted in the affirmative were—

Weller,

Willis,

Young, S.—9,

Hanson,

Jasper,

Jesup,

Johnston

May,

Morgan, D.
Morgan, J. S,
Murrell,

Messrs. Barlow,

De Courcy,

Ford,

Guthrie,

Jan. 21.]

Pitts,

Pintt,

Rice,

Tomlinson,

JOURNAL OF THE SENATE.

Walker, C. J. Wicklifle,

Wallace, Wingate,

Watkins, Young, A.-

163

- 22 .

Those who voted in the negative were—

Messrs. Ballinger,
Beatty,
Bradshaw,

Burnett,

Clarke,

Davidson,

Huston,
Weller,
Willis—9.

Leave was given to bring in the following bills, viz:

On the motion of Ford—1. A bill to equalize the judicial districts in this

Commonwealth.

On the motion of Mr. Davidson—2. A bill for the benefit of Alexander
R. McKee, Clerk of the Garrard County Court.

On the motion of Mr. Jesup—3. A bill to amend the charter of the Hop¬
kinsville and Clarksville Turnpike Road Company.

On the motion of Mr. Wingate—4. A bill to repeal the 10th section of
an act, entitled, an act to incorporate a Fire Company in the town of Gyn-
tliiana, and for other purposes, approved January 27th, 1S38.

On the motion of Mr. James—5. A bill to incorporate the Louisville and
Mississippi Railroad Company.

On the motion of Mr. Ford—6. A bill to amend an act concerning the
town of Bowlinggreen,

On the motion of Wicklifle—7. A bill more effectually to prevent the
President, Directors and Companies incorporated in this Commonwealth,
their agents and servants, from becoming interested or partners in con¬
tracts for the construction of public works under their management.

On the motion of Mr. Beatty—S. A bill to incorporate the Maysville
Lyceum.

On the motion of Mr. Dc Courcy—9. A bill to amend the act, entitled,
an act offering a further reward for the discovery of the true cause of the
disease called the milk sickness.

On the motion of Mr. J. S. Morgan—10. A bill to authorize Samuel
Arnett to qualify as High Sheriff of Nicholas county.

On the motion of Mr. Wingate—11. A bill to repeal the 3d section of
an act, entitled, an act supplemental to an act providing for the compensa¬
tion of jurors, approved-day of-, 1S38.

Messrs. Ford, Wickliffe and Pratt were appointed a committee to prepare
and bring in the 1st; Messrs. Jesup, Willis and Dixon the 3d; Messrs. Win¬
gate, Pratt and Davidson the 4th; Messrs. James, Watkins and Weller the
5th; Messrs. Ford, J. V. Walker and Barlow the 6th; Messrs. De Courcy,
Wingate and Beatty the 9th; the committee of Finance was directed to

1 n
. j

2 \

164

JOURNAL OF THE SENATE.

164 JOURNAL OF THE SENATE. [Jan. 2f.

prepare and bring in the 2d; the committee of Internal Improvement th e
7th; the Committee of Education the 8th, and the committee on the Ju,
diciary the 10th and llth.

The following bills were reported, viz:

By Mr. Guthrie, from the committee on the Judiciary—1. A bill to
amend the charter of the city of Louisville.

2. A bill to incorporate the Louisville Coal Company.

3. A bill to incorporate the Jefferson Turnpike Company.

By Mr. Willis, from the committee of Propositions and Grievances—4.
A billl allowing an additional Justice of the Peace to Ban - cn county.

By Mr. Hanson, from the committee of Finance—5. A bill for the bene¬
fit of Rebecca Evans.

By Mr. Jesup, from the committee on Military Affairs—6. A bill to re¬
peal so much of the 79th section of the militia law as requires the militiamen
to carry guns to muster.

7. A bill for the benefit of William Spratt, and others.

From select committees.

By Mr. Pitts—S. A bill to incorporate the town of Rumsey.

By Mr. Wickliffe—9. A bill to authorize the city of Lexington to borrow
money for certain purposes.

By Mr. James—10. A bill to incorporate the Louisville and Misiissippi
Railroad Company.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st, 2d, 4th, 5th, 6th, 7th and 9th were ordered to be
engrossed and read a third time; the 3d and 10th were referred to the com¬
mittee on Internal Improvement, and the 8th to the committee on the Ju¬
diciary.

The constitutional rule as to the third reading of the 1st, 4th and 9th bills
being dispensed with, and the same being engrossed,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

A message was received front the House of Representatives, announcing
that they had appointed a committee of conference, on their part, in rela¬
tion to the disagreement of the two Houses on the amendment of that
House to a bill from the Senate, entitled, an act to amend the charter of the
Lexington and Georgetown Turnpike Road Company.

Mr. Beatty moved that the Senate resolve itself into a committee of the
whole House on the state of the Commonwealth, on a bill to establish the
office of Comptroller of the Treasury, and for other purposes.

The question being taken thereon, it was decided in the affirmative.

Ijan. *22.]

JOURNAL OF THE SENATE.

The yeas and nays being required thereon by Messrs. Hanson and Willis,

were as iollows, viz:

Those who voted in the affirmative were-

I Messrs. Ballinger,
Barlow,
Beatty,

Bradshaw,

Clarke,

Davidson,

Ford,

Guthrie,

Hanson,

Huston,

Jasper,

Johnston,

Morgan, J. S.

Murrell,

Tomlinson,
Walker, C. J.
Watkins,
Weller,
Wingate,

Young. S.—20.

Those who voted in the negative were—

Messrs. Burnett,

De Courcy,
Dixon,
James,
Jesup,

May,

Pitts,

Pratt,

Rice,

Walker, J. V.

Wallace,

Wickliffe,

Willis,

Young, A.-—14.

Mr. Ballinger was thereupon called to the Chair. After some time spent
in committee, the Speaker resumed the Chair, when Mr. Ballinger reported
that the committee had,, according to order, had under consideration the
said bill, and had made further progress therein, but not having time to go
through the same, had directed him to ask leave to sit again—which was
granted.

And then the Senate adjourned.

TUESDAY, JANUARY’22, 1839.

A message was received from the House of Representatives, announcing
that they had passed a bill from the Senate, entitled, an act to amend the
charter of the city of Louisville.

And that they had passed bills of the following titles, viz:

An act to allow and additional Justice of the Peace for Nelson county:
An act for the benefit of the Sheriff of Madison county.

1. Mr. James presented the petition of Henry Enders and John Hynes,
citizens of Paducah, praying for an appropriation of $2,800, out of the pub¬
lic Treasury, to indemnify them for the loss of $2,400, with interest, &c.,

166 JOURNAL OF THE SENATE. [Jar. 22,

which was in their hands, belonging to the Board of Internal Improvement
of McCracken county, and consumed by the destructive fire which tool
place in Paducah on the 3d of May, 1S3S.

2. Mr. Wallace presented the petition of sundry citizens of Gallatin
county, in relation to granting licenses to retail spirituous liquors.

3. Mr. Davidson presented the petition of E. Pennington and Benjamin
Duncan, guardians of the infant children of Luke Hazlewood, deceased,
praying for the passage of a law, authorizing the sale of a small tract of
land in Lincoln county, devised to their wards by their deceased father.

4 and 5. Mr. Clarke presented two remonstrances ol sundry citizens of Je$.
samine county, against the alteration of a public road near the town ol Nicho-
lasville.

Which were severally received; the 1st and 3d were referred to the com¬
mittee on the Judiciary; the 4th and 5th to the committee of Internal Im-
provoment, and the 2d was laid on the table.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red the following bills, viz:

A bill to incorpocate the town of Louisa, in Lawrence county:

A bill to authorize a change of venue in the trial of John S. Lasley:

A bill to alter the time of holding the Chancery Court, in the county of
Madison, and for other purposes:

A bill to incorporate the town of Rumsey—reported the 1st and 2d with¬
out amendment, and the 3d and 4th with amendments to each—which were
concurred in.

Ordered, That the said bills be engrossed and read a third time.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to amend the several acts
concerning the towns of Paris and Elizabethtown, reported the same with
amendments—which were concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Wingate, from the committee of Religion, to whom was referred the
petition of John Ortkies, and Catharine, his wife, reported the following re¬
solution thereon, viz:

Resolved, That the said petition be rejected—-which was concurred in.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act in
relation to the roads in Clay and Perry counties, reported the same with
amendments—which were concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Hanson, from the committee of Finance, to whom was referred the
petition of James McCauley, reported the following resolution thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

JOURNAL OF THE SENATE.

On the motion ot Mr. iianson, me vuie ^ --

1 s rec onsidered, and the said petition was recommitted to the committee

P A message, in writing, was received, from the Governor, by Mr. Bullock,

^Mr^Titts, from the committee on the Penitentiary, made the following

Tlie*Committee on the Penitentiary, whose duty it has been to examine into,
and take connizance of the matters and things, to them referred, have had
i the same under consideration, and beg leave to report:

£ The object of the institution is to punish the vicious, who, by intemper¬
ance and recklessness in the commission of crime, may become its unfoitu-
■inate inmates. As the population of our country has increased, and our cit¬
ies and villages are growing to an importance, which invites emigration of
all classes and professions, so has been the numercial increase within the
walls of our Penitentiary. Consequently, this institution and its manage¬
ment, has become of more and more importance, from the time of its crea¬
tion; and will continue, in all probability, so long as it exists,^ and man is
roverned by the wicked passions of his nature. Most oi the States ol the
Union have their prisons, for the punishment and prevention of crime, with
liferent plans, and various modes of management; and in many instances
ire they a tax upon the revenue of the community, in which they are
placed. Such was the condition of this institution up to a few years back,
when the mode of working it was changed to the present one. Under the
present management it has already come in aid of the revenue, and promises
with wholesome and prudent laws to regulate its concerns, no inconsidera¬
ble item to swell the Sinking Fund. The committee aie, theiefoie, ol an
opinion, that however much a different mode of operating is desired, it
w-ould be hazardous to the interest of the State to attempt a change, in re¬
lation which the keeper should hold to the institution

m regard to

■ I J.W 4. W WW —» • . / O

the appointment of a Clerk, whose duty it shall be to take charge of the
books and accounts of the institution, meets with the hearty concurrence of
the Committee.

| Upon inquiry and examination into the fiscal concerns of the institution,
Jand the State’s profit resulting from the partnership with the present Keep¬
er, which expires upon the 10th March, next, your Committee find, by pre¬
vious enactments, it is made the duty of the Commissioners of the Sinking
Fund, to look after and ascertain the same; and they have now, with a view
to settlement, procured the services ol competent clerks, into whose hands
the books are placed. It is due to the Keeper to say, although it is a source
of regret that the law has not provided for his more frequent settlements oi
the accounts of the institution,'that so far as their investigations' have extend¬
ed, they have found nothing improper, or that was not sanctioned by the
conditions of his contract.

The moral and religious instruction of the institution have not been neg¬
lected, and in any future provisions they certainly should not be. For who
can have greater inducements to seek after the promises to be realized in af¬
ter life, than that being who is incarcerated within the walls ot a Peni¬
tentiary.

163

JOURNAL OF THE SENATE.

Ordered, That the Public Printer print 150 copies thereof for the use 0 f
the General Assembly.

Mr. Pitts, from the committee on the Penitentiary, reported a bill p lc
scribing the duties of the Keeper and Clerk of the Penitentiary.

Which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading of the said bill being dj s .
pensed with, it was referred to the committee on the Judiciary, and the
Public Printer directed to print 150 copies thereof for the use of the Gen.
eral Assembly.

Leave was given to bring in the following bills, viz:

On the motion of Mr. De Courcy—1. A bill for the benefit of the jailer
of Campbell county.

On the motion of Mr. Guthrie—2. A bill authorizing limited partner-
ships in this Commonwealth.

On the motion of Mr. Willis—3. A bill to extend the May term of the
Hart Circuit Court.

On the motion of Mr. J. V. Walker—4. A bill giving further time to
the Sheriff of Logan county to present his list of delinquents to the Court
of Assessment of the 91st Regiment, Kentucky militia.

On the motion of Mr. Pitts—5. A bill to provide for a Geological sur¬
vey of the State.

Messrs. De Courcy, Burnett and Pitts were appointed a committee to
prepare and bring in the 1st; Messrs. J. V. Walker, James and Weller the
4th; the committee on the Judiciary was directed to prepare and bring in
the 2d and 5th, and the committee on Propositions and Grievances was di¬
rected to prepare and bring in the 3d.

On the motion of Mr. James,

Resolved, That the committee on Finance be instructed to inquire into
the expediency and propriety of increasing the compensation, now alowed
by by law, to jailers, for dieting runaway slaves, when confined in the jails
of this Commonwealth.

Mr. James read and laid on the table the following resolution, viz:

Resolved by the Senate and House of Representatives, That they will, on

the- r day of-■, by a joint vote of both Houses, proceed to the election

of a Treasurer, Public Printer, Librarian, President and Directors of the
Bank of the Commonwealth, and an Agent and Keeper of the Penitentiary.

The amendments proposed by the House of Representatives, to bills from
the Senate ol the following titles, were severally twice read and concurred
in, viz:

An act for the benefit of the heirs of John C. Self.

An act to change the time of holding the Carter County Court.

An act to incorporate the Franklin Mining and Smelting Company.

JOURNAL OF THE SENATE.

169

Jan. 22.]

The following bills were reported, viz:

Bv Mr Guthrie, from the committee on the Judiciary—1. A bill to
amend an act, entitled, an act supplemental to an act providing for the com¬
pensation of jurors, approved February 23d, 1S37

By Mr. Guthrie, from the same committee—2 A bill to amend the char¬
ter of the town ol Paducah. ,

By Mr. Hanson, from the committee on Finance—3. A bill for the bene-

fit of Thomas Smith, of Lexington.

By Mr. Beattv, from the committee on Education—4. A bill to incorpor¬
ate the Maysville Liceum.

Bv Mr. Beatty, from the same committee—5. A bill to authorize a sale

of the Seminary lands of Wayne county.

By Mr. Jesup, from a select committee—6. A bill to amend an act to in¬
corporate the Hopkinsville and Clarksville Turnpike Road Company.

By Mr. Ford, from a select committee—7. A bill to amend an act con¬
cerning the town of Bowlinggreen.

By Mr. Wingate, from a select committee—8. A bill to repeal the 10th
section of an act, entitled, an act to incorporate a Fire Company in the town
of Cynthiana, and for other purposes, approved January 27th, 1S38.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being dis¬
pensed with, the 1st, 2d, 3d and 8th were ordered to be engrossed and read
a third time; the 4th was referred to the committee on the Judiciary; the
5th, being amended, to the committee on Education; the 6th to the com¬
mittee of Internal Improvement, and the 7th to the committee of Finance.

The constitutional rule as to the third reading of the 8th bill being dis¬
pensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said-

Engrossed bills of the following titles, were severally read the third time,
viz:

An act for the benefit of Harmon Plurst.

An act to incorporates the Mount Vernon Academy, in Christian county.

An act to authorize the Register of the Land Office to Register certain
plats and certificates of survey, made in Warren county in 1838.

An act to appoint trustees for the town of Summersville.

An act for the benefit of the Spencer county Seminary.

An act for the benefit of the heirs of Francis Blaydes, deceased.

170 JOURNAL OF THE SENATE. [Jan. 22.

An act to amend an act, entitled, an act for the benefit of the estate of
Joseph Spencer, deceased, approved February 16, 1S3S.

Air act to amend an act, entitled, an act to incorporate the town of Al.
bany, in Clinton county, and Ballardsville, in Oldham county, approved Jan.
27th, 183S.

An act to amend an act dispensing with quarterly and substituting month-
ly statements, and providing for monthly balance sheets, to be lodged with
the Secretary of State, by the Banks of the Commonwealth.

Resolved, That said bills do pass, and that the titles thereof be as afore-
said.

An engrossed bill, entitled, an act to incorporate the Louisville Coal
Company, was read the third time.

The Senate then proceeded to the consideration of the order of the day.

On the motion of Mr. Guthrie, the committee of the whole House, on the
state of the Commonwealth, was discharged from the further consideration
of a bill establishing the office of Comptroller of the Treasury, and for
other purposes.

The said bill is as follows, viz:

Sec. 1 . Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That there shall be a Comptroller of the'Treasury, who shall be
appointed by the Governor, by and with the advice and consent of the Sen¬
ate, for the term of two years, and receive an annual salary of sixteen hun¬
dred dollars, payable out of the public Treasury as in cases of other officers;
but before he enters on the duties of his office, said Comptroller shall exe¬
cute bond to the Commonwealth, in the penalty of fifty thousand dollars,
with security approved by the Governor, and conditioned for the faithful
discharge of said duties, and for the surrender to his successor of the books,
papers and other property appertaining thereto; [and thereupon, the Au¬
ditor of Public Accounts shall deliver to the said Comptroller the rooms in
which said Auditor’s office is now kept, together with the books and papers
aforesaid, and other property, appertaining to said office; and the said Comp¬
troller shall be clothed with all the powers, and perform all the duties, vested
in and imposed upon the said Auditor by the laws now in force; and instead
of the powers and dutres now executed and performed by him, the said
Auditor shall execute such duties, in aid of the Comptroller, as he shall, from
time to time, direct; provided, that said Comptroller shall not require from
said Auditor the performance of more than one ha]]' of the labors of said
Comptroller’s office; and provided further, that warrants on the public Trea¬
sury for money shall be signed and drawn by the Comptroller only, who
alone shall grant and issue to public officers, and other persons, receipts, or
a quietus, for money due to the Commonwealth.]

Sec. 2. That it shall be the duty of the Comptroller to furnish the Gov-
emoi such information, in regard to the finances of the Commonwealth, as
he may, from time to time, require; and at all times permit the Governor,
by himself or proxy, to examine tire books and papers of said office; and
all laws now in force relating to or regulating the office and duties of said

JOURNAL OF THE SENATE.

171

Jan. 22.]

Auditor shall apply to and govern the office and duties of said Comptroller,
so far as said laws are not inconsistent with the provisions of this act.

Sec 3. That so much of any act as authorizes and requires the said Au¬
ditor to appoint one competent assistant Clerk in his office, at an annual
salary of eio-ht hundred dollars, shall be, and the same is hereby repealed;
nor shall the said Comptroller have authority, in virtue of said act, to ap¬
point such Clerk.

Mr. Guthrie moved to amend the first section by striking out all after the
word “ thereto printed in italics, and inserting in lieu thereof the following,

viz:

And said Comptroller shall perform all the duties, and exercise all the
powers in relation to the collection and disbursement of the ordinary public
revenue, now vested in and required of the Auditor of Public Accounts; and
all the acts, and parts of acts, now in force as to the Auditor of Public Ac¬
counts, in relation to the collection and disbursement of the ordinary public
revenue, shall apply to the Comptroller of the Treasury, in all respects, as
though said acts, and parts of acts, had been enacted in reference to said.
Comptroller; and to the Auditor of Public Accounts shall be confided all the
duties of said office in relation to the Internal Improvement Fund, the
Sinking Fund, and the School Fund, and all other duties now assigned
by law to the Auditor, and not enumerated in this act, shall be performed
by the Comptroller; and the Comptroller and Auditor shall, for the present,
keep their offices in the rooms now occupied by the Auditor, and the books
and papers belonging, or relating to the duties of the Comptroller, as pre¬
scribed by this act, shall be delivered over to him.

The question being taken on the adoption of the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Hanson and David¬
son, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,

Hanson,

Pitts,

Barlow,

James,

Pratt,

Beatty,

Jesup,

Walker, C. J.

Bradshaw,

Johnston,

Watkins,

Burnett,

May,

Weller,

Clarke,

Morgan, D.,

Wiekliffe,

Davidson,

Morgan, J. S.

Young, A.,

Ford,

Murrell,

Young, S.—26.

Guthrie,

Nuttall,

Those who voted in the negative were-

Messrs. De Courcy,

Rice,

Wallace,

Dixon,

Tomlinson,

Willis—8.

Jasper,

Walker, J. V.

Mr. Willis moved to amend the said bill by striking out all after the

acting clause, and inserting in

lieu thereof the following,

viz:

172

JOURNAL OF THE SENATE.

[Jan. 2a.

That all laws authorizing the Auditor of Public Accounts to appoint a
Clerk in his office, shall be, and they are hereby repealed; and from and af-
ter the passage of this act, the Governor shall, with the advice and consent
of the Senate, appoint a second Auditor, who shall hold his oilice for lour
years, with a salary ol one thousand five hundred dollars, payable as other
public officers. And the second Auditor, appointed by virtue ot this act, shall
perform an equal portion ol the labors ol the office with the Auditor; but
all warrants, quietuses and discharges, and other documents from said office
shall be signed by the first Auditor as heretofore, except in cases ol sickness
or absence of the first Auditor.

The question being taken on the adoption of the said amendment, it was
decided in the negative.

The yeas and nays being required thereon by Messrs. Willis, and Murrell,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Bradshaw,
Burnett,

De Courcy,
Dixon,
James,
Jasper,

Jesup,

May,

Nuttall,

Pratt,

Rice,

Walker, J. V.
Wallace,
Wickliffe,
Willis,

Young, A.—16.

Those who voted in the negative were—

Messrs. Ballinger,
Barlow,
Beatty,
Clarke,
Davidson,
Ford,
Guthrie,

Hanson,

Huston,

Johnston,

Morgan, D.,

Morgan, J. S,

Murrell,

Pitts,

Tomlinson,
Walker, C. J.
Watkins,
Weller,
Wingate,
Young, S.—20.

Mr. Guthrie moved to amend the first section of the said bill by striking
out the word two, printed in italics, and inserting in lieu thereof “three.”

The question being taken on the adoption of the said amendment, it was
decided in the negative.

The yeas and nays being required thereon by Messrs. Hanson and J.S,
Morgan, were as-follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,
Davidson,
Guthrie,

May,

Nuttall,

Walker, C. J.
Young, S.—7.

| Jan. 22.]

JOURNAL OF THE SENATE.
Those who voted in the negative were-

t, James, lomnnson,

I Messrs. Ballinger, Jasp er, Walker, J. V.

Bradshaw Jesup, Wallace,

Enrnetr Morgan, D. Watkins,

^ Z ' Morgan, J. S. Weller,

DeCourcy Murrell, Wickliffe,

K^on Pitts, WilHs ’

Ford Pratt, Wingate,

Hanson, K«. Yonng, A.-28.

Huston,

Mr. Wickliffe moved to amend the said bill by adding thereto the follow-

ling clause, viz:

This act shall continue and be in force for two years, from and after the
I end of the present session ol the Legislature.

The question being taken on the adoption of the said amendment, it was
decided in the affirmative. The Senate being equally divided, the Speaker
voted in the affirmative.

The yeas and nays being inquired thereon by Messrs. Hanson and Wick¬
liffe, were as follows, viz:

Those who voted in the affirmative were—

[ Messrs. Bradshaw, Jasper, Tomlinson,

Burnett, Jesup, Walker, J. \.

De Courcy, May, ,

Dixon, Nuttall, Wickliffe,

Ford, Pratt, Willis,

James, Rice, Young, A. lo.

Tomlinson,

Walker, J. V.

Wallace,

Watkins,

Weller,

Wickliffe,

Willis,

Wingate,

Young, A.—28.

Messrs. Bradshaw,
Burnett,

De Courcy,
Dixon,
Ford,
James,

Those who voted in the negative were-

Messrs. Ballinger,

Hanson,

Pitts,

Barlow,

Huston,

Walker, C. J.

Beatty,

Johnston,

Watkins,

Clarke,

Morgan, D.

Weller,

Davidson,

Morgan, J. S.

Wingate,

Guthrie,

Murrell,

Young, S.—18.

The question was then taken on engrossing the said bill and reading it a
third time, and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger, Clarke, Guthrie,

Barlow, Davidson, Hanson,

Beatty, Ford, Huston,

JOURNAL OF THE SENATE.

[Jaw. 23.

Johnston,
Morgan, D.
Morgan, J. S.
Murrell,

Nuttall,

Pitts,

Walker, C. J.
Watkins,

Weller,
Wingate,
Young, S.—20.

Those who voted in the negative were—

Messrs.Bradshaw, .Tesup, Walker, J. V.

Burnett, May, Wallace,

De Courcy, Pratt, Wicldiffe,

Dixon, Rice, Willis,

James, Tomlinson, Young, A.—1G.

Jasper,

On the motion of Mr. Huston, leave was given to bring in a bill for the
benefit of the Sheriff of Spencer county.

The committee of Finance was directed to prepare and bring in the same,

And then the Senate adjourned.

Walker, J. V.
W allace,
Wicldiffe,
Willis,

Young, A.—1G.

|!|IB

| !

WEDNESDAY, JANUARY 23, 1839.

A message was received from the House of Representatives, announcing
that they had passed bills which originated in the Senate of the following
titles, viz:

An act to legalize the proceedings of the Court of Assessment of the 16th
regiment of Kentucky militia.

An act releasing James Squires from all liability upon his bond, executed
to the Quartermaster General for arms in the year 1833.

And that they had passed bills of the following titles, viz:

An act to amend an act, entitled, an act to amend the Miltia Law of this
State.

An act for the benefit of the Madison Troop of Cavalry.

An act to change the place of voting from the house of Henry Haynie,
in Laurence county, to that of James Rous, in said county, and to abolish
an election precinct in Hardin county.

An act to extend the Constable’s district for the town of Salvisa, in Met-
cer county.

On the motion of Mr. S. Young, the vote rejecting the petition of John
Ortkies, and Catharine, his wife, was reconsidered, and the said petition
was referred to the committee on the Judiciary.

JOURNAL OF THE SENATE.

H praying tor tne passage Ul cl mw lu luouijjuiaLc ci J. nc, iuaime dim June ill-
I surance Company in said town—which was received and referred to the

■ committee on the Judiciary.

Mr. Ballinger, from the committee of Internal Improvement, reported a

■ bill to alter the Arnold’s mill road—which was read the first time as follows,

■ viz

Be it enacted by the General Assembly of the Commonwealth of Kentucky,
That James Wilmore, Daniel B. Price, and James C. Wilmore, be, and they
''are hereby authorized to alter the Arnold’s mill road, in the county of Jes-
K-amine, commencing said alteration at the first crook in said road, near the
■own of Nieholasville, and running the same over the lands of the said
■Wilmore, on a straight line with said road from where it leaves the limits
Hof said town, till it intersects the said Price’s line; thence with the said
■Price’s line, on the lands of the said Price and Wilmores, till it enters the
■said Arnold’s mill road. They are to make said road of the width of main
■cross street in said town, and put the same in good order for traveling, be-
■fore they be permitted to discontinue the old road.

Ordered, That the said bill be read a second time.

The constitutional rule as to the second reading being dispensed with.
The question being taken on engrossing the said bill and reading it a
■third time, it was decided in the negative; and so the said bill was rejected.

[ The yeas and nays being required thereon by Messrs. Wickliffe and John-
■ston, were as follows, viz:

Those who voted in the affirmative were—

■Messrs. Barlow,

Clarke,

De Courcy,

Those who voted in the negative were

Messrs. Ballinger, Planson,

Beatty, Huston,

Bradshaw, Johnston,

Burnett, Morgan, D.

Davidson, Morgan, J. S.

Ford, Pitts,

Guthrie, Pratt,

On the motion of Mr. Hanson,

Ordered, That the Publie Printer print 150 copies of the report of the
Htrustees of the Cumberland Hospital for the use of the General Assembly.

Mr. Beatty, from the committee on Education, to whom was referred
! ; i|jbills of the following titles, viz:

A bill to authorize a sale of the Seminary lands of Wayne county:

| A bill to amend an act to establish a svstem ot Common Srlrnnk in ih*

Walker, J. V.
Watkins,
Young, A.—9

Dixon,

Jasper,

Murrell

Tomlinson.

Wallace,

Weller,

Wickliffe,

Wingate,

Young, S.-

176 JOURNAL OF THE SENATE. [Jan. 23,

State of Kentucky, reported the same with amendments to each which
were concurred in.

Ordered, That the former bill be engrossed and read a third time, that
the latter be referred to the committee of the whole House for Tuesday
next, aud the Public Printer print 150 copies thereof lor the use of the Gen-
era! Assembly.

The following bills were reported, viz:

By Mr. Guthrie, from the committee on the Judiciary—1. A bill to
authorize Samuel Arnett to qualify as High Sheriff of Nicholas county.

2. A bill authorizing limited partnerships in this Commonwealth.

By Mr. Hanson, from the committee of Finance—3. A bill for the bene¬
fit of the Sheriff of Spencer county.

By Mr. J. V. Walker, from a select committee—A bill for the relief of

the Sheriff of Logan county.

Which bills -were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st, 3d and 4th, were ordered to be engrossed and read
a third time; the 2d was referred to the committe on the Judiciary, and the
Public Printer directed to print 150 copies thereof for the use of the Gen¬
eral Assembly.

The constitutional rule as to the third reading of the 1st and 3th bills be-
ing dispensed with, and the same being engrossed, the 3d was amended by
way of engrossed ryder.

Resolved, That the said bills do pass, and that the title of the first be as
aforesaid, andthat the title of the third be amended to read, an act for the
benefit of the Sheriffs of Spencer and Breckinridge counties.

Mr. De Courcy, from a select committee, made the following report, viz

The Committee, to whom was referred the “leave to bring in a bill more
effectually to protect the citizens of this Commonwealth from being killed
by persons wearing concealed, deadly weapons, not necessary for selfde¬
fence, or that of the State,” ask leave to submit the following report,
viz:—

The first thing that presented itself for consideration, was an inquiry for
the objects the people wished to obtain, by forming a government for Ken¬
tucky. Your Committee were at no loss ; for the very first sentence of our
Constitution declares the object to be, “to secure to all the citizens the en¬
joyment of the right of life, liberty, and property, and of pursuing happi-
n ess.”

Again, the 2d Sec. 10th Art. declares that all free governments are in¬
stituted for the peace, safety and happiness of the people. Then, if govern-
mentwas instituted to secure to all the right of life, liberty, and property, and
pursuit of happiness, and if, indeed, government is instituted for the peace,
safety, and happiness of the people, then it follows, as a matter of course,

177

Jan. 23.]

JOURNAL OF THE SENATE.

that every thing ought to be done, that can be done, to produce these

6 your Committee, in view of the above quoted declarations of the Consti¬
tution, cannot believe that the 23d Sec. of the 10th Art. ought to be con¬
strued as taking away- the power of the Legislature, to pass any law, to pre¬
vent evil disposed persons from arming themselves with deadly weapons, for
any other purposes than the two named in said section, viz: self-defence,
and that of the State. Said section reads as follows: “That the rights of the
citizens, to bear arms, in defence of themselves and the State, shall not be
questioned.” In the bill herewith reported, your Committee have not ques¬
tioned the rights of the citizens to bear arms, in defence of themselves or
the State. Hut they have provided, as they believe, adequate penalties, to
prevent evil disposed persons from concealing deadly weapons about their
persons, for the purpose of committing depredations on the life, limb, liberty
or property of others; to secure which, was the avowed object the people
had in view, in forminga government. In the bill herewith presented, it is
made the duty of the jury to determine, whether such deadly weapons are
worn in self-defence, or for evil purposes. If found guilty of concealing
deadly weapons, for evil purposes, surely none will doubt the propriety of a
prohibition by law; for it is a well known fact, that nothing is more calcu¬
lated to create suspicion, and disturb the repose, the peace and happiness of
society, than the presence of an individual armed with a bowie knife, near
two feet long, on his back, with the handle under his coat collar, at the back
of his neck, an instrument that would sever a man’s head from his should¬
ers, at a blow, or sever his body in an instant, as has lately been done. In
addition to which, a pistol in each pocket, and a dirk up his sleeve, and of¬
ten a spear in a cane, calculated to go through a- man’s body at a single
thrust.

Your Committee would ask—Where is the necessity, in this land of peace
and safety, of any man’s thus arming himself? There is absolutely none.
We find the proof in the fact, that tens ot thousands have passed from infancy
to old age, without ever once finding it necessary thus to arm. Your
Committee believe that a man, armed with honesty of purpose, seldom needs
any other defence.

The very circumstance of some desperados being thus, armed, creates al¬
most the only cause that makes it necessary for any to arm; so that, in put¬
ting down the practice at once, we take away the necessity. Your Com¬
mittee believe that more than half the murders committed in this Common¬
wealth, are perpetrated by men who conceal deadly weapons about their
persons. It is a practice borrowed, from semi-barbarous nations, from old
Spain, and Mexico, a people whose morality consists in their power to do
wrong. Shall Iventuckians, lighted by the blaze of science, and guided by
the influence ot the precepts ot universal love, take lessons from Spaniards
and Mexicans? It ought to be the pride ot Republics, that they are unlike
all others. The practice of wearing concealed weaponsis increasing, perhaps
ten fold every year. It is well a known fact, that there is a train of armed
desperados ranging our whole northern boundary, on the Ohio river, ren¬
dering life, liberty, and property, insecure. They often commit the most
danng outi ages, and under cover of their deadly weapons, they escape to
steamboats, and in a few hours are entirely beyond the reach of Justice,
■surely when they have thus acted a thousand times, we have a right to in-

178 JOURNAL OF THE SENATE. [Jan. 23.

fer, when we find others thus armed with deadly concealed weapons, that
they intend to commit the same outrages on society. The very circum¬
stance of concealment, creates a suspicion sufficiently strong to authorize an
investigation. The books are full of examples. Is it not an everyday prac¬
tice, judging from acts, to forestall intention of bad men. T. he lelon, on his
trial for murder, asserts he did not intend to kill his victim; only intended to
shoot at him and scare him. Will this satisfy the jury? No, they will en¬
quire of the circumstance^ of the case. Did he arm himself in cold blood?
Did he lay in wait for his victim? Had he an adequate motive? &c. Judg.
ment is finally rendered in veiw of all these considerations. So, in this
case, the jury first enquires: Did he arm himself with concealed deadly
weapons? Were they necessary for self-defence, or that of the State? If
found necessary, he is no farther questioned, but discharged. The jury are
the proper judges, and not the accused.

Your Committee, after a careful consideration of the whole matter, have
come to the conclusion that there is no Constitutional prohibition to the bill
herewith presented. The only doubt entertained by the Committee, is
whether the wearing concealed deadly weapons, alone, should not have
been made a felony. Thus at once stamping the practice with infamy. All
of which is respectfully submitted.

WM. DE COURCY, Chairman.

Ordered, That the Public Printer print 150 copies of the said report for
the use of the General Assembly.

Mr. De Courcy, from the committee appointed for that purpose, reported
a bill more effectually to protect the lives of citizens of this Commonwealth
from being taken by persons carrying concealed deadly weapons, not neces¬
sary for self-defence, or that of the State.

Which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading of the said bill being dis¬
pensed with, it was referred to the committee on the Judiciary, and the
Public Printer directed to print 150 copies thereof for the use of the Gen¬
eral Assembly.

Mr. Barlow, from the committee appointed for that purpose, reported a
bill to change the time of the annual meeting of the Legislature—which
was read the first time.

The question being taken on reading the said bill a second time, it was
decided in the negative, and so the said bill was rejected.

On the motion of Mr. Wickliffe,

Resolved, That the committee of Finance inquire whether the revenue
has been uniformly assessed by the commissioners of revenue, and if not,
into the causes of such want of uniformity, and report by bill or otherwise.

On the motion of Mr. Ford, the rule of the Senate limiting the number
of members of select committees to three, was suspended, and Messrs. Dixon,
Willis, Nuttall, Hanson and Beatty were added to the committee appointed

Jan. 23.]

JOURNAL OF THE SENATE.

179

to prepare and bring in a bill to equalize the judicial districts in this Com¬
monwealth.

Mr. Wingate read and laid on the table the following resolution, viz:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That when they adjourn on Friday the 15th of February, 1839, they will
adjourn without day.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Watkins—1. A bill to amend an act, entitled, an
act for the better regulation of the town of Hardinsburg, approved Febru¬
ary 22,1836.

On the motion of Mr. James—2. A bill to establish an election precinct
in the town of Lovelaceville, in McCracken county.

The committee on the Judiciary was directed to prepare and bring in the
1st, and the committee of Privileges and Elections the 2d.

On the motion of Mr. De Courcy,

Resolved, That the committee on Internal Improvement be instructed to
inquire into the expediency of having that part of the turnpike road leading
from Newport to Winchester, surveyed and located, which lies between
Newport and Falmouth.

The Senate, according to the standing order of the day, resolved itself
into a committee of the whole Plouse on the state of the Commonw r ealth,
Mr. Beatty in the Chair. After some time spent in committee, the Speak¬
er resumed the Chair, when Mr. Beatty reported that the committee had,
according to order, had under consideration a bill to regulate the adminis¬
tration and settlement of estates, and had gone through the same, and made
amendments thereto, which he handed in at the Clerk’s table.

The said amendments were concurred in.

Ordered, That the said bill be engrossed and read a third time.

The resolution fixing a day for the election of public officers, offered by
Mr. James on yesterday, was laid on the table.

The message, in writing, received from the Governor on yesterday, was
taken up and read as follows, viz:

Executive Department, >
Frankfort, January 22, 1839. \

Gentlemen of the Senate:

I nominate for your advice and consent, Aaron K. Woolley, to be Judge
of the third Judicial District, in place of Daniel Mayes, resigned.

Robert Finnel, to be Police Judge in the town of South Frankfort, in
place of Wm. M. Todd, resigned.

Joel Martin, to be Sheriff of the county of Floyd.

John H. Barker, to be Sheriff of the county of Pendleton.

Andiew McCampbell, to be Sheriff of the county of Jessamine.

.he County Courts of the said counties of Floyd, Pendleton and Jessa¬
mine having failed to recommend agreeably to the Constitution.

JAS. CLARK.

JOURNAL OF THE SENATE.

[Jan. 24.

The Senate went into secret session on the nomination of the said Aaron
Iv. Woolley, to be Judge of the third Judicial District.

Resolved, That the Senate advise and consent to the said appointment,
and that they also advise and consent to the appointments of the other per¬
sons as nominated in the said message.

The doors of the Senate were then opened, and the injunction of secrecy
removed.

The message, in writing, received from the Governor on the 20th ultimo,
was taken up and read as follows, viz:

Executive Department, j
Frankfort, December 20, 1S38. j

Gentlemen of the Senate

and House of Representatives:

I herewith transmit the annual report of the Commissioners of the Sinking
Fund.

JAS. CLARK.

Ordered, That the said report be referred to the committee on Finance.

A bill from the House of Representatives, entitled, an act authorizing a
toll gate to be erected between Stanford and the Hanging Fork, in Lincoln
county, was read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading of the said bill being dis¬
pensed with, it was referred to the committee of Internal Improvement.

The Senate resumed the consideration of an engrossed bill, entitled, an
act to incorporate the Louisville Coal Company, which was discussed for
some time.

And then the Senate adjourned,

THURSDAY, JANUARY 24, 1839.

A message was received from the House of Representatives, announcing
that they had disagreed to a resolution from the Senate, adopting a joint
rule, that the committee on Education examine Transylvania University, the
Lunatic Asylum, and the Deaf and Dumb Asylum.

That they had passed bills from the Senate of the following titles, viz:
An act for the benefit of Ferdinand Hunn.

An act for the benefit of Sarah Ann Brown.

An act for the benefit of Joseph Allen.

JOURNAL OF THE SENATE.

1S1

Ja>. 24.] ...

’ | An act for the benefit of the Sheriff of Adair county.

An act to make an addition to the town of Rochester, in Butler county.
An act for the benefit of Harmon Hurst.

An act to authorize the Register of the Land Office to Register certain
(plats and certificates of survey, made ia Warren county in 1S38.

I An act to allow an additional Justice of the Peace to Barren county.

And that they had passed bills of the following titles, viz:

1. An act for the benefit of Robert Arberry.

2 An act to change the bounds of the seventh division of the Kentucky
militia, and for other purposes.

3. An act for the benefit of the Clerk of the Scott Circuit Court.

I I 4. An act to repeal all laws declaring Little river a navigable stream
above Alexander’s Ford, and for other purposes.

5. An act authorizing a change of venue in the case of the Common¬
wealth against Edmund C. Wilkinson, Benjamin R. Wilkinson, and John
Murdough.

6. An act for the benefit of Elisha C. Hampton.

7. An act for the benefit of Matthew Elder.

8. An act to repeal an act, entitled, an act to incorporate the town of
West Point, and for other purposes.

8. An act for the benefit of Charity Taylor.

The said bills were severally read the first time, and ordered to be read a
second time.

■ The constitutional rule as to the second reading of the said bills being dis-
1 pensed with, the 1st and 4th were referred to the committee of Internal
' Improvement; the 2d and 6th to the committee on Military Affairs; the 3d,
| 5th and 8th to the committee on the Judiciary; the 7th to the committee of
f Finance, and the 9th to the committee of Religion.

A message was received from the House of Representatives, announcing
-i that they had adopted the report of the committee of conference, on the dis-
f agreement of the two Houses on an amendment proposed by that House
| to a bill from the Senate, entitled, an act to amend the charter of the Lex-
j ington and Georgetown Turnpike Road Company.

The said report was twice read and concurred in.

1. Mr. Weller presented the petition of sundry citizens of the town of
) Smithland, praying for the passage of a law authorizing the trustees of said
p town to license coffee houses.

2. Mr. Pratt presented the resolution of the County Court of Scott coun-
[ ty, praying for the passage of a law authorizing said Court to lay an ad-
| ditional county levy.

Which were received and referred to the committee of Propositions and
! Grievances.

18:2 JOURNAL OF THE SENATE. [J AN . j,

Mr. Guthrie, from the committee on the Judiciary, to whom was refer
red bills of the following titles, viz:

1. A bill to incorporate the Maysville Lyceum:

2. A bill to amend the law concerning the action of trespass:

3. A bill changing the terms of the Court of Appeals, and for other
purposes—reported the same, the first without amendment, and the second
and third with amandments to each—which were concurred in.

The first was ordered to be engrossed and read a third time, the second
was placed in the orders of the day, and the third recommitted to the com.
mittee on the Judiciary.

Ordered, That the Public Printer print 150 copies of the 2d and 3d bills
for the use of the General Assembly.

Mr. Wingate, from the committee of Religion, to whom was referred a bill
from the Plouse of Representatives, entitled, an act for the benefit of Nelson
Dyer, reported the same with the opinion of the committee that it ought
not to pass.

The question being taken on reading the said bill a third time, it tvas de¬
cided in the negative, and so the said bill was disagreed to.

Mr. Willis, from the committee of Propositions and Grievances, reported
a bill for the benefit of Tabitha Hix.

Which was read the first time and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with the
said bill was ordered to be engrossed, and read a third time.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referreed a bill authorizing the Board of public works to cause to be
constructed, suitable bnildings for the public offices, and for other purposes,
reported the same without amendment.

The hour of twelve o’clock having arrived, the Senate proceeded to the
consideration of the orders of the day.

On the motion of Mr. Guthrie, the bill, entitled, an act to incorporate the
Louisville Coal Company, was referred to the committee on the Judiciary.

The resolution for the adjournment of the General Assembly, offered by
Mr. Wingate on yesterday, was laid on the table.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Dixon—1. A bill to encourage the growth and
manufacture of silk in the Commonwealth of Kentucky.

On the motion of Mr. Willis—2. A bill to amend the law in relation to
divorces.

The committee on the Judiciary was directed to prepare and bring in the
1st, and Messrs. Willis, Dixon and Pratt were appointed a committee to
prepare and bring in the 2d.

■ 24 -j JOURNAL OF THE SENATE. 183

Engrossed bills of the following titles, were severally read the third time,
viz;

An act for the benefit of Rebecca Evans.

I act t0 re peal so much of the 79th section of the militia law as requires

the militiamen to carry guns to muster.

An act for the benefit of William Spratt, and others.

I An act to authorize a change of venue in the trial of John S. Lasley.

An act to alter the time of holding the Chancery Court, in the county of
Madison, and for other purposes.

An act to incorporate the town of Louisa, in Lawrence county.

An act to incorporate the town of Rumsey.

1 An act to amend an act, entitled, an act supplemental to an act providing
for the compensation of jurors, approved February 27, 1S37.
j An act for the benefit of Thomas Smith, of Lexington.

1 An act to incorporate the Blue Lick Hotel and Water Company.
i An act to amend the charter of the town of Paducah.
a An act to authorize a sale of the Seminary lands of Wayne county.

I An act for the benefit of the Sheriff of Logan county.

I An act to regulate the administration and settlement of estates.

• Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

g Bills from the House of Representatives of the following titles, viz:

I 1. An act for the benefit of the estate of Edmund Hall, deceased.

I 2. An act to amend an act, entitled, an act to amend the law in relation
to divorces.

| 3. An act for the benefit of Nancy Collins.

1 Were severally read the third time; the 1st was referred to the committee
on the Judiciary, and the 2d to the committee on Religion.

\ Resolved, That the third bill do pass, and that the title thereof be as afore¬
said.

v Bills from the House of Representatives of the following titles, viz:

5 1. An act further to enforce the payment of State dividends declared by
certain incorporated companies, and for other purposes.

| 2. An act allowing an additional Justice of the Peace to Oldham county.
I 3. An act in relation to the roads in Clay and Perry counties.

4. An act to amend the several acts concerning the towns of Paris and
-Elizabethtown.

; Were severally read the third time, as amended.

5 Resolved, That the said bills, as amended, do pass, and that the titles of
the first and fourth be as aforesaid, that the title of the second be amended
to read, an act allowing two additional Justices of the Peace to Oldham

131

JOURNAL OF THE SENATE.

[j AN. 24,.

county, and that the title of the third be amended to read, an act in relation
to the roads in Clay, Knox, Laurel, Whitley, Harlan and Terry counties,

Bills from the House of Representatives of the following titles, were sev.
rally read the first time, viz:

1. An act for the benefit of Enoch Yantis, John Gaines, Hamilton Martin
and Thomas J. Gough, Justices of the Peace.

2. An act to change the place of voting in an election precinct in Cum¬
berland county.

3. An act to change the name of Jane Wright to that of Jane Dodd.

4. A 11 act to provide for running the line between Marion and Washing,
ton counties.

5. An act for the benefit of Elias Dobson.

G. An act to establish the town of Frederick, in Barren county.

7. An act for the benefit of Charles S. Gatewood, and others.

8. An act to change the place of voting in the Stamping Ground precinct,
in Scott county.

9. An act for the benefit of the Sheriffs of Estill and Pendleton counties.

10. An act making an appropriation to build a bridge across Russell’s
creek, in Adair county, and for other purposes.

11. An act to provide for the extension of the Lexington, Nicholasville
and Danville turnpike road from Danville, and to unite the same with the
Louisville, Bardstown and Springfield turnpike road, at Springfield.

12. An- act to amend an act incorporating a company to turnpike the road
from Greensburg, by way of Columbia, Jamestown and Monticello, to the
Tennessee State line, in the direction of Knoxville.

13. An act to establish a State road from the mouth of Salt river to Bow-
linggreen, through Grayson county.

14. An act for the benefit of the mechanics of Maysville.

15. An act to change the venue in the case of John D. Perkins.

16. An act authorizing a survey of the road leading over Mount Scratch-
um, and Old Landing hills, in Estill county.

17. An act to incorporate the Bank Lick Turnpike Road Company.

18. An act to allow and additional Justice of the Peace for Nelson
county.

19. An act for the benefit of the Sheriff of Madison county.

20. An act to amend an act, entitled, an act to amend the Miltia Law of
this State.

21. An act to change the place of voting from the house of Plenry Haynie,
in Lawrence county, to that of James Rous, in said county, and to abolish
an election precinct in Hardin county.

22. An act to extend the Constable’s district for the town of Salvisa, in
Mercer county.

Jan 24] JOURNAL OF THE SENATE. 185

23 An act for the benefit of the Madison Troop of Cavalry.

Ordered , That the said bills be read a second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st, 5th, 14th and 15th were referred to the committee
on the Judiciary; the 3d, 4th, 6th, 18th and 22d to the committee of Propo¬
sitions and Grievances; the 7th, 15th, 20th and 23d to the committee on
Military Affairs; the 8th and 21st to the committee of Privileges and Elec¬
tions- the 9th to the committee of Finance; the 10th, 11th, 12th, 13th»
16th 'and 17th to the committee of Internal Improvement, and the 2d was
ordered to be read the thud time.

The constitutional rule as to the third reading being dispensed with,

Resolved , That the second bill do pass, and that the title thereof be as

aforesaid.

An engrossed bill, entitled, an act to establish the office of Comptioiler
of the Treasury, and for other purposes, was read the third time.

At a quarter past two o’clock, P. M., Mr. Dixon moved that the Senate
do now adjourn.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Dixon and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were—

. Dixon,

Schooling,

Wickliffe,

Ford,

Tomlinson,

Willis,

James,

Rice,

Wallace,

Young, A.—10.

Those who voted in the negative were-

—

Ballinger,

Hanson,

Nuttall,

Barlow,

Huston,

Pitts,

Beatty,

Jasper,

Pratt,

Bradshaw,

Jesup,

Walker, J. V.

Burnett,

Johnston,

Watkins,

Clarke,

May,

Weller,

Davidson,

Morgan, D.

Wingate,

De Courcy,

Morgan, J. S.

Young, S.—26.

Guthrie,

Murrell,

The question was then taken on the passage of the said bill, and it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and Wick-
liffe, were as follows, viz:

53.IV

186

JOURNAL OF THE SENATE. [Jan. 25,

Those who voted in the affirmative were—

Messrs. Ballinger,
Barlow,
Beatty,
Clarke,
Davidson,
Ford,
Guthrie,

Hanson,
Huston,
Johnston,
Morgan, D.
Morgan, J. S.
Murrell,

Nuttall,

Tomlinson,

Watkins,

Weller,

Wingate,

Young, S.—19.

Those who voted in the negative were—

Messrs. Bradshaw,

Burnett,

De Courcy,

Dixon,

James,

Jasper,

Resolved, That the title of the said bill be as aforesaid.
And then the Senate adjourned.

Jesup,

Walker, J. V.

May,

Wallace,

Pitts,

Wickliffe,

Pratt,

Willis,

Rice,

Young, A.—17.

Schooling,

FRIDAY, JANUARY 25, 1839.

1. Mr. Nuttall presented the petition of Jeremiah Sullivan, and others,
praying that the said Sullivan may be restored to the rights and privileges
of an unmarried man, his wife having been divorced from him, and married
to another.

2. Mr. Watkins presented the petition of sundry citizens of Hardin,
Breckinridge and Meade counties, praying for the passage of a law incor¬
porating the town of Springville.

Which petitions were received and referred, the former to the committee
of Religion, and the latter to the committee of Internal Improvement.

The Senate resumed the consideration of a bill authorizing the Board of :
public works to cause to be constructed, suitable buildings for the public of- I
fices, and for other purposes.

On the motion of Mr. Ballinger, the said bill was recommitted to the I
committee of Internal Improvement.

Mr. Beatty moved the following instructions, viz:

Resolved, That the committee of Internal Improvement be instructed to
obtain from the Chief Engineer, a plan of a building, to be erected on or

JOURNAL OF THE SENATE.

Jan. 25.]

near the site of the Treasurer’s and Auditor’s offices, of suitable dimensions
and number of rooms for a Treasurer’s office, Auditor’s office, and Comp¬
troller’s office, whenever such office shall be created, together with an esti¬
mate of the probable cost of said building, erected of stone, or other incom¬
bustible materials, and made fire proof. And the said committee are further
instructed so to modify the bill as to appropriate such a sum as will be neces¬
sary to provide all suitable materials lor said building, during the present
year, preparatory to the commencement thereof immediately after the ad¬
journment of the next session of the Legislature.

Mr. De Courcy moved to amend the said instructions by striking out so
I much as relates to a Comptroller’s office.

When Mr. Wickliffe moved to lay the said motion for instructing the
committee on the table.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and D.

Messrs. Ballinger,
Barlow,
Bradshaw,
Clarke,
Hanson,
Jesup,

', Morgan, D.

Morgan, J. S.
r , Murrell,

Pratt,

Schooling,

Tomlinson,

Those who voted in the negative were-

Huston,

Jasper,

;y, Johnston,

May,

Nuttall,

Watkins,
Wickliffe,
Willis,
Wingate,
Young, A,
Young, S.-

Pitts,

Walker, J. V.
Wallace,
Weller—14.

Guthrie, Nuttall,

A message was received from the Plouse of Representatives, announcing
JSthat they had passed a bill, entitled, an act to establish the Southern Bank
'>of Kentucky.

( The said bill was read the first time, and ordered to be read a second
time.

The constitutional rule as to the second reading being dispensed with,
the said bill was referred to the committee on the Judiciary, and the Public

I Printer directed to print 150 copies thereof for the use of the General As¬
sembly.

Mr. Ballinger, from the committee of Internal Improvement, to whom
referred a bill from the House of Representatives, entitled, an act au-

was

thorizing a toll gate to be erected between Stanford and the Hanging Fork,
in Lincoln county, reported the same with an amendment—-which was con¬
curred in.

1SS

JOURNAL OF THE SENATE.

[Jan. 25.

Ordered, That the said bill be read a third time, as amended.

Mr. Ballinger, from the same committee, to whom was lefened a bill
from the House of Representatives, entitled, an act to repeal the 4th section
of an act, entitled, an act to establish a State road from F linn’s old let 1 y, across
the Ohio river, in the county of Livingston, to Princeton, in Caldwell county,
and for other purposes, approved the 25th ol February, ISbG, tepoited the
same with the opinion of the committee that it ought not to pass.

The question being taken on reading the said bill a third time, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. J. S. Moigan and
Rice, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,
Beatty,
Burnett,

De Courcy,
Dixon,
Guthrie,
Iianson,

Huston,

Jasper,

Jesup,

Johnston,

May,

Nuttall,

Pitts,

Pratt,

Rice,

Schooling,

Watkins,

Willis,

Wingate—20.

Those who voted in the negative were—

Messrs. Ballinger,
Bradshaw,
Clarke,
Ford,
James,

Morgan, J. S.
Murrell,
Tomlinson,
Walker, J. V.

Wallace,
Weller,
Wickliffe,
Young, S.—13.

On the motion of Mr. Ballinger, the committee of Internal Impiovement
was discharged from the duty of preparing and bringing in a bill to provide
for building a bridge across Big Rennicks, near the mouth of Little Rennicks,
in Cumberland county.

Mr. Hanson, from the committee of Finance, to whom was referred a bill
from the Flouse of Representatives, entitled, an act for the benefit of the
Sheriffs of Estill and Pendleton counties, reported the same without amend¬

ment.

Ordered, That the said bill be read a third time.

The constitutional rule as to tire third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Jesup, from the committee on Military Affairs, to whom was refer¬
red bills from the House of Representatives of the following titles, viz:

An act to change the bounds of the seventh division ot the Kentucky
militia, and for other purposes :

JOURNAL OF THE SENATE.

1S9

Is. 25-]

I V act for the benefit of the Sheriff of Madison county-reported the

I The constitutional rule as to the third reattag bctng dispensed tv.th
l Resolved , That the said hills do pass, and that the titles thereof be as

T’iTfinthri. from the committee on the Judiciary, to whom was refer-
1 i "u il from the House of Representatives, entitled, an act for the benefit
ItEIHs Dobson, reported the same with the opinion of the committee that

^Thequettionbeing taken on reading the said bill a third time, it was de¬
cided in the negative, and so the said bill was disagreed to.

I Mr. Guthrie, from the same committee, to whom was referred bills from
the House of Representatives of the lollowing titles, riz :
j act for the benefit of the Clerk of the Scott Circuit Court;

I An act for the benefit of the mechanics of Maysville :

[ An act for the benefit of the estate of Edmund Hall, deceased:

I An act to repeal an act, entitled, an act to incorporate the town of
^est Point, and for other purposes;

An act to change the venue in the case of John D. Perkins:

An act authorizing a change of venue in the case of the Common¬
wealth against Edward C. Wilkinson, Benjamin R. Wilkinson, and John
[urdough, reported the same Avithout amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That the said bills do pass, and that the titles thereof be as

foresaid.

Mr Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills which originated in the Senate of the
following titles, and had found the same truly enrolled, viz:

I An act giving to officers, and crews, and mechanics, and others, a lien on

teamboats.

An act for the benefit of the heirs of John T. Langhorne.

An act to authorize the Clerk of Trigg county to record certain deeds.

An act to amend the charter of the Shepherdsville and Louisville turnpike

:ompany.

An act for the benefit of Robert and Jane Middleton.

An act legalizing the appointment and acts of the Clerk pro tern, of the
S|| Gallatin Circuit Court.

An act to incorporate the Franklin Mining and Smelting Company.

An act to change the time of holding the Carter and Pike County Com ts.
An act for the benefit of the heirs of John C. Sell.

JOURNAL OF THE SENATE.

[ j an. 25.

An act to amend the charter of the city of Louisville.

An act releasing James Squires from all liability upon his bond, executed
to the Quartermaster General for arms in the year 1833.

An act to legalize the proceedings of the Court of Assessment of the 16th
regiment of Kentucky militia.

An act to authorize the Register of the Land Office to Register certain
plats and certificates of survey, made in Warren county in 1838.

An act for the benefit of Harmon Hurst.

An act to make an addition to the town of Rochester, in Butler countv

An act for the benefit of the Sherifi’of Adair county.

An act for the benefit of Joseph Allen.

An act lor the benefit of Ferdinand Hunn.

An act for the benefit of Sarah Ann Brown.

An act to amend the charter of the Lexington and Georgetown Turnpike
Road Company.

An act to allow an additional Justice of the Peace to Barren county.

The said bills being signed by the Speaker of the House of Represents-
tives, the Speaker of the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for his approba-
tion and signature. After a short time Mr. Barlow reported that the com¬
mittee had performed that duty.

Mr. Huston, from the committee of Privileges and Elections, to whom
was referred a bill from the House of Representatives, entitled, an act to
change the place of voting in the Stamping Ground precinct, in Scott coun-
ty, reported the same without amendment.

Ordered, That the said bill be read a third time.

1 he constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass and that the title thereof be as afore¬
said.

Mr. Huston, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to change the place of voting
from the house ol Henry Ilaynie, in Lawyence county, to that of James
Rous, in said county, and to abolish an election precinct in Hardin county,
reported the same with an amendment—which was concurred in.

25,

JOURNAL OF THE SENATE,

aled

16th

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Jan. 26.] JOURNAL OF THE SENATE,

Engrossed bills of the following titles, viz:

I An act for the benefit of Tabitha Hix:

| An act to incorporate the Maysville Lyceum—were each read the third
time.

S Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

The following bills were reported, viz:

By Mr. Beatty, from the committee of Education—1. A bill to incorpor¬
ate the College of Dental Surgeons of Kentucky.

,;i By Mr Guthrie, from the committee on the Judiciary—2. A bill to
Close up the old road over Muldrow’s hill.

I 3. A bill to amend an act concerning the town of Hardinsburg.

K By Mr. Willis, from the committee of Propositions and Grievances—4.
A bill to change the time of holding the Hart Circuit Court.

I By Mr. Huston, from the committee of Privileges and Elections—5. A
bill to repeal the 22d section of an act, entitled, an act to guard the right
of suffrage, and for other purposes, approved February 13th, 1S28.

I Which bills were severally read the first time, and ordered to be read a
second time.

I The constitutional rule as to the second reading of the said bills being dis¬
pensed with, the 1st was referred to the committee on the Judiciary; the
4th to the committee of Propositions and Grievances, and the 2d, 3d and
6th were ordered to be engrossed and read a third time.

On the motion of Mr. Ford, leave was given to withdraw the petition of
Martha Anderson.

And then the Senate adjourned.

rom

ting

mes

My,

:da
t of

jre-

SATURDAY, JANUARY 26, 1S39.

I A message was received from the House of Representatives, announcing
that they had disagreed to the amendment of the Senate, to a bill from that
■House, entitled, an act to establish the town of Rochester.

[ That they had concurred in the amendments proposed by the Senate to
bills from that House of the following titles, viz:

I An act in relation to the registration of mortgages and deeds of trust,
f An act for the benefit of Maria Waller, an idiot.

192 JOURNAL OF THE SENATE. [Jan. 26.

Aa act further to enforce the payment of State dividends declared by
certain incorporated companies, and for other purposes.

An act to amend the charter of Center College.

An act to provide a standard of weights and measures for the several
counties of this State.

An act to amend an act, entitled, an act to amend an act incorporating
the town of Steamport, in the county of Henderson.

An act to change the name of Green Ruby to that of Green Iverley.

An act to amend the charter of St. Joseph’s College.

An act for the benefit of Adam R. Walker.

An act to extend the powers of the trustees of the town of Burksville.

An act in relation to the roads in Clay and Perry counties.

An act for the benefit of John Griffith, guardian of the heirs of John
Conway, Jr., deceased.

An act to abolish certain streets, and parts of streets, in the town of
Canton, in Trigg county.

An act to incorporate the trustees of Rock Spring Church.

An act allowing an additional Justice of the Peace to Oldham county,

That they had passed a bill from the Senate, entitled, an act to authorize
Samuel Arnett to qualify as high Sheriff of Nicholas county.

And that they had passed a bill, entitled, an act altering a Constable’s dis¬
trict in Wayne county.

Mr. De Courcy presented the petition of John B. Whitford, praying for
the passage of a law releasing him and his securities from all liability on a
bond, given to the Quarter Master General for the return of certain public
arms —which was received and referred to the committee on Military Af¬
fairs.

Mr. Guthrie, from the committee on Banks, made the following report:

[ For this Report—see Apppendix.~]

Which report was laid on the table, and the Public Printer ordered to
print 400 copies thereof for the use of the Senate.

Mr. Hanson, from the committee of Finance, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of Mat¬
thew Elder, reported the same without amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Beatty, from the committee on Education, made the following report,
viz:

JOURNAL OF THE SENATE.

193

Jan. 26.]

The committee of Education, to whom was referred a resolution instructing
them to inquire into the propriety of so amending the act establishing
Common Schools, as to authorize a competent number of poor young
men to be educated, at public expense, for teachers of Common Schools in
this Commonwealth, and whether suitable endowments should not be
made with a view to attain that desirable object, to Transylvania Uni¬
versity, the Southern, Cumberland, Centre, and Augusta Colleges, or to
any other Colleges or literary institutions in the State, report: #

That they have had that subject under consideration, and are fully pur-
suaded that to give to the system of Common Schools the full advantages
which it ought to possess, and to render it productive of the great and be¬
nevolent purposes designed to be accomplished by the system, it is essen¬
tially necessary that provisions should be made for securing the services of
teachers, possessing the necessary qualifications, to take charge of the Com¬
mon Schools of the State. At the commencement of the system, we shall
necessarily have to encounter great difficulties on this subject. But it must
be recollected that the system is intended as a permanent one; that if suc¬
cessful, it must continue through all time to come; hence it is proper to set
about laying a firm foundation for a superstructure, which, though it will re¬
quire years to complete it, is expected to last for ages. Competent and well
instructed teachers are the very foundation of the whole system, and no
pains or expense should be spared to accomplish this essential desideratum.

The committee are of opinion, that the great and essential object of secu¬
ring competent and suitably qualified teachers, must be commenced either
by establishing institutions specially for the purpose of training and pre¬
paring young men for teachers in our Common Schools; or that we should
adopt, for that purpose, literary institutions which are already in successful
operation. The latter mode will be much the most economical. And, as
the expenditures necessary to carry out whatever plan may be adopted to
secure competent and skillful teachers, for our Common Schools, must ne¬
cessarily come out of the Common School Fund, the committee are of
opinion, that as small a draft as is consistent with the accomplishment of the
object, should be made upon that fund.

The committee will suggest the outline of a plan, wdiich they believe,
without too heavily burdening the School Fund, would be of great and es¬
sential benefit, in placing our Common School system, in the course of a few
years, upon a very stable foundation.

There are at present eighty eight counties in the State. The committee
propose that they shall be divided into eight districts, each district contain¬
ing eleven counties. That whenever a new county shall be created, it shall
compose a part of the district within which the greater part of the territory
lay, oui of which such new county shall have been formed. That these
districts should be so laid off as to include, within each of them, one or more
of the respectable literary institutions, now in successful operation in this
State, whether under the name of a University, Colleges or Academies.
That by law, and in pursuance of an arrangement made, some one of these
literary institutions should be adopted, within each of the eight districts, for
the education of young men as teachers in the Common Schools. That each
county within the district shall have a right to send three young men to the
literary institution, selected for the district. According to this plan, there
would be thirty three young men selected from the whole district; making

194 JOURNAL OF THE SENATE. [Jan. jjj,

the whole number from the State two hundred and sixty four. The com!
mittee propose that these young men shall be taught, without any charge
for tuition, fees or books; and that they shall pay for their own board, which,
including washing, fuel, candles, and all other incidental charges, shall not
exceed a fixed and definite sum per week, during the actual time appropriate
ed to study, in each year or session. The committee suppose that an nr-
rangement could be made with some one of the literary institutions, in each
the districts, to furnish tuition and books for a sum not exceeding thirty
or thirty five dollars for each scholar. At the former rate the whole charge
upon the Common School Fund would be $7,920 per annum. At the high¬
er rate supposed, it would be aunually $9,240. This would be the amount
of the public charge.

The committee are not in possession of the necessary information to en¬
able them to express a certain opinion as to the price at which boarding
could be had; but they entertain a hope, when the object is taken into con¬
sideration, that boarding could be obtained, in private families, either in
the towns, or adjacent thereto, where these literary institutions shall be se¬
lected, at a price not exceeding $-per week. This would amount to

a sum, annually, that would be somewhat onerous to young men, in moder¬
ate circumstances. But it is a difficulty incident to the plan, which the
committee propose, and which cannot be overcome, without imposing too
heavy a draft upon the School Fund. Suppose, for instance, that boarding
could be procured for eighty dollars for the period during which instruction
is giyen during the year. The cost for boarding 264 young men would be
$21,120, which, added to the cost of tuition and books, at the lowest rate
herein supposed, would make the aggregate $29,040. This would be more
than half the amount of the entire annual proceeds of the Common School
Fund. The committee feel it to be their duty not to recommend a system
that would impose so hea vy a charge upon a fund that is already too small
to give such encouragement and impetus to the Common School System as
is desirable. They entertain a sanguine hope, however - , that there will be no
difficulty in procuring the requisite number of young men,from each county, to
be taken from those w’ho are in moderate circumstances, as contemplated by
the resolution under which this report is made. The committee would re¬
commend that the three young men, from each county, shall be selected by
the county commissioners for school purposes; the said commissioners to
take from each of them a written pledge, according to the form prescribed
by the Board of Education, that they will teach a Common School, in the

county from which they respectively came, at least-years next after they

shall have left the school in which they were taught, or such portion of said
time as they should be able to get employment as a teacher, and stipulating
that, in case ot his failure to. do so, he would pay to the county commission¬
ers, for the use of the Common Schools of the county, the sum of $200, by
way of stipulated damages. This contract should be declared valid by law,
although executed by a minor; and the parent or guardian of the student*
if any he have, should also be required to sign the said written pledge or ob¬
ligation. The county commissioner should issue a certificate, in such form
as the Board of Education may proscribe,, to the parties who shall have been
selected, which should entitle such scholars to admittance, under such rules
and regulations, and for such time as the Board of Education might direct,
Full returns of all such selections should be made to the Board of Education;

JOURNAL OF THE SENATE.

195

and they should be vested with authority to direct that additional selections
should be made, from time to time, to supply the places of those who shall
have finished the prescribed course, or from other causes shall have quit their

St The'proposJt plate embraces only the education of 264 students at one
limp - but, as others would take the place of these, so soon as they shall have
finished their course, the process of selecting and educating young men
mi'dit be carried on, so long as it might be found expedient. In a few years
the 5 Common Schools themselves would be able to turn out competent and
skillful teachers,'when the draft upon the school fund, to carry out the plan
herein suggested, might be discontinued, and thenceforward the entire school
fund appropriated to the support of Common Schools.

The committee have endeavored to make an estimate of the probable
number of teachers that would be necessary to take charge of the Common
Schools of this Commonwealth. The school districts would probably ave¬
rage, taking the whole State together, five miles square, containing each
twenty five square miles ; and, estimating the State to contain forty three
thousand square miles, the number of school districts would be 1720. But,
as there are considerable portions of the mountainous parts of the State
without population, the number of school districts will probably not exceed
fifteen hundred. If two years be necessary to educate young men so as
to qualify them for teachers, in the Common Schools, it would require about
eleven years to supply one for each school district, But, as Common Schools,
at the commencement of the system, will probably not be kept-niore than
four or five months in the year, one teacher may, in many instances, attend
two schools. And, as the Common Schools will themselves, in the course of
a few years, begin to turn out scholars,who will be qualified for teachers, a
hope may be indulged, that in five or six years, our Common Schools will be
so well supplied with qualified and skilful teachers, as to enable those schools
to keek up a sufficient supply.

It does not, perhaps, devolve upon the committee to say any thing in re¬
lation to the particular course through which the candidates for teachers should
pass. They cannot, however, forbear to remark, that the success of the
Common School system depends very much upon the foundation that shall
be laid. The teachers first turned out ought to give an impetus to the whole
system. They should, therefore, lay broad and deep the foundation upon
which they are to build. Their education should be such as to give them a
high and honorable standing in society'. Besides reading, writing, orthogra¬
phy and common arithmetic, which the candidates should understand, to
some extent, before they are admitted into College, they should be taught
English grammar, geography, astronomy, surveying, common mensuration,
triganometry, book-keeping, &c., and also natural and moral philosophy.
And these and other useful branches of learning could be easily acquired in
two years. Ancient and modern languages, the higher branches of mathe¬
matics, logic, rhetoric, mental philosophy, chemistry, geology 7 , Ac., might
be dispeased with, unless time should be afforded, within the two y r ears, to
acquire a knowledge of some of these branches. The scholar who intends
to become a teacher, should also be well grounded in the principles of our
National and State governments, as remarked by 7 your committee in another
report in relation to Common Schools.

196

■

JOURNAL OF THE SENATE.

[Jan. 26.

As the Common School system has not yet been adopted, the committee
are of opinion it would be premature to attempt to carry out the plan, sug.
gested in this report, by the passage of an act at the present session. Be-
sides the Legislature could not act understandingly on this subject, until the
information is obtained, which is contemplated by this report. It the bill
should become a law, which is now depending before the Senate, in relation
to the Common School system, we may reasonably hope that many, if not
all the counties, will adopt the system before the next session. In the mean
time, i'or the purpose of preparing the way for efficient action, on this sub-
feet, at the next session, the committee recommend the adoption of the fol-
lowing resolutions.

Resolved, That the Board of Education, through their President, be re-
quested to take the necessary steps to ascertain what number oi Colleges
and Academies, having two or more professors, are in successlul operation
in each Congressional district in this State.

Resolved, That the said board correspond with the President or Chair-
man of the Board of Trustees of such Colleges and Academies as they may
be of opinion would be well qualified to give instruction to young men, pre¬
paratory to their becoming teachers of Common Schools, in the several
branches of academical education, contemplated by the foregoing report,
and such others as the Board may deem expedient, as to the terms upon
which said institutions would find books and teach each scholar per annum,
in the several branches which shall be proposed by said Board; and also as
to the lowest price that board could be itad for, in decent private families, or
in College commons, including fire, candles, washing and lodging. And
that the said Board obtain similiar information from Transylvania Univer¬
sity. The number of scholars to be thirty three, or thereabouts, and to con¬
tinue for the term of two years.

Resolved, That the Board of Education be requested to make report during
the first week of the next session, of such information as they may be able
to obtain, in pursuance of the foregoing resolution; and that the said Board
also report a general system for the education of young men, in pursuance
of the outlines suggested in the foregoing report.

The said report was placed in the orders of the day, and the Public Prin¬
ter directed to print 1500 copies thereof for the use of the General Assem¬
bly.

Mr. Jesup, from the committee on Military Affairs, to whom was referred
a bill from the House of Representatives, entitled, an act to amend an act
entitled, an act to amend the militia law of this State, reported the same
with the opinion of the committee that it ought not to pass.

On the motion of Mr. Rice, the said bill was recommitted to the com¬
mittee on Military Affairs.

Mr. Jesup, from the same committee, to whom was referred bills from
the House of Representatives of the following titles, viz:

An act for the benefit of Elisha C. Hampton:

An act for the benefit of Charles S. Gatewood, and others :

197

JOURNAL OF THE SENATE.

■j an 26] JUU1UNA.U '-'I

An act for the benefit of the Madison Troop of Cavalry—reported the

same without amendment.

Ordered, That the said bills be read a third time.

Leave was given to bring in the following bills, viz:

! On the motion of Mr. Ballinger-1. A bill for the benefit of the hems and
legal representatives of Wesley M. Garnett, John Faulkner and John Bates,

de On S< the motion of Mr. May—2. A bill to establish a State road from
‘ Irvine in Estill county, to the mouth of Troublesome, in Perry county.

■ 0n ’ the m otion of Mr. Wingate—3. A bill to authorize the building a
bridge across Main Elkhorn, where the road from Frankfort to Owenton

■crosses the same. .

On the Motion of Mr. Ford—4. A bill to declare Gasper river and

i Drake’s creek navigable streams, and for other purposes.

I- The committee on Military affairs was directed to prepare and bring in
[the 1st; the committee of Internal Improvement the 2d and 3d, and Messis.
if Ford, Pitts and James were appointed a committee to prepaie and biing in

I the 4th.

| On the motion of Mr. Huston, leave of absence Irom the seivice ot the
I Senate was given to Mr. .1. S. Morgan until luesdaynext.

The following bills were reported, viz:

By Mr. Guthrie, from the committee on the Judiciary—1. A bill to amend
[the law of petitions, and summons, and actions on joint contracts.

2. A bill to amend the seventh section of an act to prevent the inctease
of vagrants, and other idle and disorderly persons, in this State.

By°Mr. Clarke, from a select committee—3. A bill for the benefit of
| James G. Pitts.

Which bills were severally read the first time, and ordered to be read a
[second time.

The constitutional rule as to the second reading of the said bills being dis¬

pensed with, the 1st and 2d were referred to the committee on the Judici-
,'ary, and the 3d to the committee of Internal Improvement.

Ordered, That the Public Printer print 150 copies of the 1st bill for the
use of the General Assembly.

On the motion of Mr. Guthrie, the committee of the whole was discharg¬
ed from the further consideration of a bill for the better confirmation of the
estates of persons holding or claiming under conveyances from married
women, and under conveyances not recorded in proper time, and the said
bill was placed in the orders of the day.

On the motion of Mr. Pitts, the Senate receded from the amendment pro¬
posed by them to a bill from the House of Representatives, entitled, an act
to establish the town of Rochester.

JOURNAL OF THE SENATE,

Engrossed bills of the following titles, viz:

An act to close up the old road over Muldrow’s hill:

An act to amend an act concerning the town of Hardinsburg—were each
read the third time.

Resolved, That the said bills do pass, and that the titles thereof be as afore,
said.

An engrossed bill, entitled, an act to repeal the 22d section of an act, en.
titled, an act to guard the right of suffrage, and for other purposes, approved
February 13th, 1S2S, was read the third time as follows, viz:

Be it enacted by the General Assembly of the Commonwealth of Kentucky
That so much of the twenty second section ot an act, entitled, an actio
guard the right of suffrage, and for other purposes, approved February 13th,
1S2S, as provides that any person receiving a bribe or treat, from any can¬
didate for the office ol Governor, Lieutenant Governor, member of Con¬
gress, Senator, or Representative in the State Legislature, shall, in no in-
stance, be a competent witness against the person accused of such bribing
or treating, be, and the same is hereby, repealed.

Mr. Ballinger moved to recommit the said bill to the committee of Privi-
leges and Elections, with instructions to amend the same by striking out
so much thereof as relates to bribing.

The question being taken thereon, in was decided in the negative.

The yeas and nays being required thereon by Messrs. Willis, and James,
were as follows, viz:

Those who voted in the affirmative were—

Walker, J. V.
Watkins,
Weller—10.

De Courcy,

Nuttall,

Rice,

Messrs. Ballinger,
Barlow,
Beatty,
Davidson,

Those who voted in the negative were

James,

Jasper,

Jesup,

May,

Morgan, D.

Murrell,

Pitts,

Pratt,

Schooling,

Tomlinson,

Wallace,

Willis,

Wingate,

Young, A.

Young, S-

Messrs. Bradshaw
Burnett,
Clarke,
Dixon,
Ford,
Guthrie,
Hanson,
Huston,

The question was then taken on the passage of the said bill, and it was
decided in the negative, and so the said bill was rejected.

The yeas and nays being required thereon by Messrs. Ballinger and James,
were as follows, viz:

Dan. 26.}

[•Messrs. Ballinger,
Davidson,

JOURNAL OF THE SENATE.

Those who voted in the affirmative were—

;1 - De Courcy, Rice—4.

Those who voted in the negative were—

Messrs. Barlow,
Beatty,
Bradshaw,
Burnett,
Clarke,
Dixon,
Ford,
Guthrie,
Hanson,

Huston,

James,

Jasper,

Jesup,

Morgan, D.

Mul'rell,

Pitts,

Pratt,

Schooling,

Tomlinson,
Walker, J. Y.
Wallace,
Watkins,
Weller,

Willis,
Wingate,
Young,A.
Young, S.—27.

A bill to amend the law concerning the action of trespass, was taken up
l the orders of the day, and amended.

The question being taken on engrossing the said bill and reading it a
bird time, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Hanson and Nut-
all, were as follows, viz:

Those who voted in the affirmative were—

lessrs. Ballinger,
Barlow,
Beatty,
Bradshaw,
Burnett,
Clarke,
Davidson,
De Courcy,

Ford,

Guthrie,

Hanson,

James,

Jasper,

May,

Murrell,

Nuttall,

Schooling,
Walker, J. V.
Wallace,
Weller,
Wingate,
Young, A.—24.

Young, S.—5.

Those who voted in the negative were—

Messrs. Dixon, Jesup, Young, S.—5.

Huston, Tomlinson,

A bill from the blouse of Representatives, entitled, an act authorizing a
[toll gate to be erected between Stanford and the Hanging Fork, in Lincoln
ounty, was read a third time, as amended.

Resolved, That the said bill, as amended, do pass, and that the title be
amended by adding thereto, “and between the Anderson line and a point
five miles towards Ilarrodsburg.”

And then the Senate adjourned.

200

[Jan. S3

JOURNAL OF THE SENATE.

MONDAY, JANUARY 2S, 1S39.

A message was received from the House of Representatives, announcing
that they had disagreed to a bill from the Senate, entitled an act to repeal
the law allowing ferry keepers to keep tavern without licence.

That they had passed bills which originated in the Senate ot the following
titles, viz:

An act to authorize a sale of the Seminary lands of Wffyne county.

An act giving Harris W. Thompson, late deputy Sheriff of Greenup coun¬
ty, further time to return his delinquent list of muster fines.

An act for the benefit of Mason W. Sherrill.

An act for the benefit of the Sheriff of Green county.

An act for the divorce of Sarah Jane Phelps.

An act to incorporate the Mount Vernon Academy, in Christian county,

An act for the benefit of the Spencer county Seminary.

An act for the benefit of the Lunatic Asylum.

An act for the benefit of the Sheriffs of Casey and Pulaski counties.

An act giving Sheriffs further time to return their delinquent list of reve-
nue tax for 1S3S.

With an amendment to each of the two last named bills—which were
concurred in.

And that they had passed bills of the following titles, viz:

1. An act for the divorce of John Bowden.

2. An act for the divorce of Nancy A. Grant.

3. An act for the divorce of Lucy Graves.

4. An act to repeal the law authorizing the County Court of Hardin to
sell the Poor House land.

5. An act for the divorce of Daniel S. Shacklett.

6. An act for the benefit of Andrew Orr and Caroline Orr.

7. An act for the benefit of Abraham Rightly.

8. An act for the benefit of the heirs and representatives of Robert Bran¬
ham and John Samuel.

9. An act for the benefit of William P. Neal and others.

10. An act for the benefit of the estate of Lewis Fible.

11. An act to incorporate the trustees of the Republican School, in Brack¬
en county.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being dis-

8 .

JOURNAL OF THE SENATE.

301

Jan. 23.] JOURNAL OF THE SENATE. 301

pensed with, tile 1st, 2d, 3d and 5th were referred to the committee of Re-
limon: the 4th to the committee of Propositions and Grievances; the 6th
to the committee of Finance; the 7th, 8th and '9th to the committee on
Military Affairs; the 10th to the committee on the Judiciary, and the 11th
to the committee of Education.

1. Mr. Burnett presented the petition of sundry citizens of the town of
Cadiz, in Trigg county, praying for the passage of a law discontinuing a
street, and reducing the width of another street in said town.

2. The petition of the securities of the Sheriff of Livingston county,
praying that further time may be. allowed to the said Sheriff to pay into the
Treasury the balance of the revenue of said county.

3. Air. Pratt presented the petition of some of the members of the Scott
County Court, praying that an additional allowance may be made to the
Clerk of said court for transcribing certain records.

4. Mr. Rice presented the petition of sundry citizens of Greenup county,
praying that the salary of Walker Reid may be the same as other Circuit
Judges,

5. Mr. S. Young presented the petition of Milton Young and Mariah, his
wife, who is under 21 years of age, praying for the passage of a law au¬
thorizing them to convey a tract of land in Washington county, which de¬
scended to the said Mariah from her deceased farther.

6. Air. Barlow presented the petition of E. F. Bowles, and others, se¬
curities of John Al. Emerson, late Sheriff of Cumberland county, praying
for the passage of a law releasing them from the payment of the interest, or
damages recovered against them in the General Court by the Common¬
wealth.

The said petitions were received and referred, the 1st to the committee of
Propositions and Grievances; the 2d and 6th to the committee of Finance,
and the 3d, 4th and 5th to the committee on the Judiciary.

Air. Guthrie, from the committee on the Judiciary, made the following
report, viz:

The committee on the Judiciary have had under consideration the pe¬
tition of Henry Enders and John Hynes, of Paducah, praying the Legisla¬
ture to appropriate the sum of $2,4U0 to replace that amount which was in
their hands, belonging to the Paducah Dock Company, and burnt on the
3d of Alay, 1S38, with other property of theirs, and which they say the
Dock Company owed to the Board of Internal Improvement of AlcCracken
county. The committee are of opinion that there is no principle of law or
equity, on which a claim can be set up against the Commonwealth to in¬
demnify the petitioners, and that the petition be rejected.

Which was concurred in.

Mr. Willis, from the committee of Propositions and Grievances to whom

103 JOURNAL OF THE SENATE. [Jan. 28.

was referred bills from the House of Representatives of the following titles,
viz:

An act to extend the Constable’s district for the town of fcalvisa, in
Mercer county:

An act to allow and additional Justice of the Peace for Nelson county-
reported the same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Mr. Willis, from the same committee, to whom was referred a bill to
change the time of holding the Hart Circuit Court, reported the same with
an amendment—which was concurred in.

Ordered, That the said bill be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis¬
pensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be amended
to read, an act to change the time of holding certain Circuit Courts, and
for other purposes.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill to amend an act to incorporate the Hopkinsville and
Clarksville Turnpike Road Company, reported the same with an amend¬
ment—which was concurred in.

Ordered, That the said bill be engrossed and read a third time.

The following bills were reported, viz:

By Mr Guthrie, from the committee on the Judiciary—1. A bill to
incorporate the Shelbyville Fire, Marine and Life Insurance Company.

2. A bill to amend the 14th section of an act, entitled, an act to amend
the charter of the city of Louisville, approved 14th of January, 1838.

By Mr. Beatty, from the committee of Education—3. A bill to incorpor¬
ate the Transylvania Institute, and for other purposes.

Which bills were severally read the first time, and ordered to be read the
second time.

The constitutional rule as to the second reading being dispensed with,
the 1st and 2d were ordered to be engrossed and read a third time, and the
3d was pdaced in the orders of the day, and the Public Printer ordered to
pring 150 copies thereof for the use of the General Assembly.

Two messages, in writing, were received from the Governor, by Mr. Bul¬
lock, Secretary of State.

The rule of the Senate being dispensed with, the said messages were ta¬
ken up and read as follows, viz:

Jan. "2S.J

JOURNAL OF THE SENATE.

203

Executive Department, )
FankforL, January 2Si Ih, 1S39. \

Gentlemen of the Senate:

I nominate for your advice and consent, Philip B. Cooper, to be
Sheriff of the county of Marion, in place of Jereboam Beauchamp, resigned.

JAS. CLARK.

Executive Department, )
Frankfort, January 28, 1S39. \

' Gentlemen of the Senate :

I nominate for your advice and consent, Eljah Combs, to be Major
i General of the 12th Division, in place of William Smith, resigned.

Lucius Desha, to be Brigadier General of the 4th Brigade, in place of
i William P. Sutton, resigned.

Absalom Ashcraft, to be Brigadier General of the 23d Brigade, in place
I of Blancit Shacklett, resigned.

James G. Hardy, to be Colonel of the 45th Regiment, in place of James
| Cummins, resigned.

John Pedigo, to be Major of the 45th Regiment, in place of Robert M.
Fields, resigned.

John M. Bacon, to be Lieutenant Colonel of the 51st Regiment, in place
of John W. Williams, resigned.

Hiram R. Stafford, to be Major of the 51st Regiment, in place of Burr
H. May, stricken off to the 117th Regiment.

John D. Mannon, to be Colonel of the 61st Regiment, in place of William
Dolton, removed.

George Allen, to be Lieutenant Colonal of the 61st Regiment, in place of
I John D. Mannon, if promoted.

Arthur Fox, to be Major of the 61st Regiment, in place of George Allen,
I if promoted.

William Smith, to be Major of the 79th Regiment, in place of Thomas
I Moore, removed.

Robert Lawson, to be Major of the S5th Regiment, in place of Peter
Courtney, refused to accept.

Samuel A. Philpott, to be Colonel of the 103d Regiment, in place of Ab-
f| salom Ashcraft, if promoted.

John H. McGehu, to be Lieutenant Colonel of the 103d Regiment, in
place of Samuel A. Philpott, if promoted.

William Sherer, to be Major of the 103d Regiment, in place of John H.
McGehu, if promoted.

Francis Lemaster, to be Colonel of the 110th Regiment, in place of Joseph
R. Ward, removed.

Bryan Fannin, to be Lieutenant Colonel of the 110th Regiment.

Ralph Stewart, to be Major of the 110th Regiment, in place of Francis
Lemaster, if promoted.

James Wellin, to be Major of the 101st Regiment, in place of Thomas J.
Macy, resigned.

Barnard Dougherty, to be Colonel of the 22d Regiment, in place of
Victor Monroe, removed.

JOURNAL OF THE SENATE.

[Jan. 28.

James M. Sullivan, to be Lieutenant Colonel of the 22d Regiment, in
place of William A. Gorham, resigned.

Albert G. Hodges, to be Major of the 22d Regiment, in place of Fielding

L. Tracy, resigned.

6 JAS. CLARK.

Resolved, That the Senate advise and consent to the said appointments,
except to that of Bernand Dougherty, to be Colonel of the 22d Regiment,
and the nomination of the said Dougherty was referred to the committee on
Military Affairs.

A message was received from the Governor, by Mr. Bullock, Secretary
of State, announcing that the Governor had approved and signed enrolled
bills which originated in the Senate of the following titles, viz:

An act for the benefit of the Sheriff of Lawrence county.

An act providing that certain legacies and devises shall not lapse.

An act to continue in force an act to allow the Independent Banks of this
Commonwealth, further time to collect and settle their concerns, approved
January 4, 1S36, and for other purposes.

An act for the benefit of the Sheriffs of Owen and Butler counties.

An act for the benefit of Matthew Reid, and the infant children of Samuel

M. Smith, deceased.

Approved January 17, 1S39.

An act authorizing the mandate of the Court of Appeals to be filed with
the Clerk of the inferior court, and executions to issue in certain cases.

An act authorizing the city of Lexington to levy an additional tax for
the better organization and efficiency of the fire companies.

An act for the benefit of Samuel Ingram, late Sheriff of Marion county.

An act to amend an act, entitled, an act for the benefit of William Butler,
Clerk of the Monroe County Court, approved 5th January, 1S39.

Approved January 21, 1839.

An act for the benefit of Ferdinand Hunn.

An act for the benefit of Sarah Ann Brown.

An act to allow an additional Justice of the Peace to Barren county.

An act to amend the charter of the Lexington and Georgetown Turnpike
Road Company.

An act to make an addition to the town of Rochester, in Butler county,

An act for the benefit of the heirs of John T. Langhorne.

An act to amend the charter of the Shepherdsville and Louisville turnpike
.company.

An act to authorize the Clerk of Trigg county to record certain deeds.

An act legalizing the appointment and acts of the Clerk pro tern, of the
Gallatin Circuit Court.

An act for the benefit of Robert and Jane Middleton.

'Jan. ‘28.]

JOURNAL OF THE SENATE.

‘205

An act to incorporate the Franklin Mining and Smelting Company.

An act to change the time of holding the Carter and Pike County Courts.
An act to amend the charter of the city of Louisville.

An act for the benefit of the heirs of John C. Self.

An act to legalize the proceedings of the Court of Assessment of the 16th

“nJregiment of Kentucky militia.

I An act releasing James Squires from all liability upon his bond, executed

to the Quartermaster General for arms in the year 1833.

An act for the benefit of Harmon Hurst.

■■ An act to authorize the Register of the Land Office to Register certain
&• blats and certificates of survey, made in Warren county in 1838.

. An act for the benefit of Joseph Allen.

I An act for the benefit of the Sheriff of Adair county.

| An act giving to officers, and crews, and mechanics, and others, a lien on
steamboats. Approved January 28, 1S39.

On the motion of Mr. Weller, leave was given to withdraw the petition
'of Sabrina Matlock.

An engrossed bill, entitled, an act to amend the law concerning the action
Ipf trespass, was read the third time.

The question being taken on the passage of the said bill, it was decided
in the affirmative.

The yeas and nays being required thereon by Messrs. Nuttall and De
lourcy, were as follows, viz:

Those who voted in the affirmative were—

Schooling,
Walker, C. J.
Walker, J. \
Wallace,
Watkins,
Weller,
Willis,
Wingate,
Young, A .—i

James,

Jasper,

May,

Morgan, D

Murrell,

Nuttall,

Pitts,

Pratt,

Rice,

dessrs. Ballinger,
Barlow,
Beatty,
Bradshaw,
Burnett,
Clarke,
Davidson,
De Courcy,
Ford,
Guthrie,

Those who voted in the negative were-

Messrs. Dixon, Jesup, Young, S.—5.

Huston, Tomlinson,

Resolved, That the title of the said bill be as aforesaid.

A bill from the House of Representatives, entitled, an act to change the
place of voting from the house of Henry Haynie, in Lawrence county, to

206

JOURNAL OF THE SENATE.

[ j an. 28 .

that of James Rous, in said count}', and to abolish an election precinct in
Hardin county, was read the third time, as amended.

Resolved, That the said hill, as amended, do pass, and that the title be
amended to read, an act in relation to certain election precincts in Law.
rence and Hardin counties.

Bills from the House of Representatives of the following titles, were sev-
rally read the third time, viz:

An act for the benefit of Charles S. Gatewood, and others.

An act for the benefit of the Madison Troop of Cavalry.

An act for the benefit of Elisha C. Hampton.

Resolved, That the said hills do pass, and that the titles thereof be as
aforesaid.

A bill from the House of Representatives, entitled an act altering a Con¬
stable’s district in Wayne county, was read the first time, and ordered to
be read a second time.

The constitutional rule as to the second reading being dispensed with, the
said bill was referred to the committee on the Judiciary.

On the motion of Mr. Nuttall, the resolution fixing a day for the adjourn¬
ment of the General Assembly was taken up.

Mr. De Courcy moved to lay the said resolution on the table.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Nuttall and De
Courcy, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty,
Clarke,
Davidson,
De Courcy,

Ford, Wallace,

May, Young, A.

Pratt, Young, S.—10.

Those who voted in the negative were—

Messrs. Barlow,
Bradshaw,
Burnett,
Dixon,
Guthrie,
Huston,
James,

Jasper,

Jesup,

Morgan, D.

Murrell,

Nuttall,

Pitts,

Rice,

Schooling,
Tomlinson,
Walker, C. J.
Walker, J. V.
Watkins,
Weller,
Wingate—21.

The said resolution was amended by striking out the 15th of February,
the day of adjournment.

Mr. Wingate moved to fill the blank with the 22d.

The question being taken thereon, in was decided in the negative.

JOURNAL OF THE SENATE.

■207

Jan. 28.] --

The yeas and nays being required thereon by Messrs. E
were as follows, viz:

Those who voted in the affirmative were

Jesup,

May,

Nuttall,

Pitts,

Pratt,

Wallace,
Watkins,
Weller,
Wingate,
Young, A,

Messrs. Clarke,

Davidson,

De Co'urcy,

Ford,

James,

Those who voted in the negative were-

Messrs. Barlow, Huston,

Beatty, Jasper,

Bradshaw, Morgan, D.

Burnett, Murrell,

Dixon, Rice,

Guthrie,

Mr. Guthrie moved to refer the said resolution to a committee.

When Mr. Murrell moved to lay it on the table.

The question being taken on laying it on the table, it was decided in the
affirmative.

The yeas and nays being required thereon by Messrs. Tomlinson and De

Schooling,
Tomlinson,
Walker, C. J.
Walker, J. V.
Young, S.—16,

Pratt,

Wallace,

Watkins,

Weller,

Willis,

Young, A.

Young, S.-

Messrs. Ballinger,
Barlow,
Burnett,
Clarke,
Davidson,
De Courcy.
Dixon,

Those who voted in the negative were-

essrs. Beatty, Jasper,

Bradshaw, Morgan, D.

Ford, Rice,

Huston, Schooling,

Mr. Jesup moved the following resolution, viz:
Resolved, That the committee on

Tomlinson,
Walker, C. J.
Walker, J. V.
Wingate—12.

Internal Improvement be instructed to
inquire into the expediency of erecting an Arsenal for the safe keeping of
the public arms, and that they report by bill or otherwise.

The said resolution was amended by striking out “Internal Improve-
ment,” and inserting in lieu thereof, “Military Affairs,” and adopted.

And then the Senate adjourned.

203

JOURNAL OF THE SENATE.

[Jajt. 29.

TUESDAY, JANUARY 29, 1S39.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer,
red bills of the following titles, viz:

1. A bill prescribing the duties of the Keeper and Clerk of the Penitentiary:

2. A bill to amend the seventh section of an act to prevent the increase
of vagrants, and other idle and disorderly persons, in this State, reported
the same with amendments to each—which were concurred in.

The first bill was placed in the orders of the day, and the Public Printer
directed to print 150 copies thereof for the use of the General Assembly.

Ordered, That the second bill be engrossed and read a third time.

Mr. Guthrie, from the same committee, to whom was referred bills from
the House of Representatives of the following titles, viz:

An act for the benefit of the estate of Lewis Fible:

An act altering a Constable’s district in Wayne county—reported the
same without amendment.

Ordered, That the said bills be read a third time.

Tire constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Guthrie, from the same committee, to whom was referred the pe¬
tition of some of the Justices of the Peace of Scott county, praying that an
additional allowance may be made to the Clerk of the County Court of said
county for copying certain records—reported the following resolution there¬
on, viz:

Resolved, That the said petition be rejected—which was concurred in.

A message was received from the House of Representatives, announcing
that they had received official information that the Governor had approved
and signed enrolled bills and a resolution which originated in that House of
the following titles, viz:

An act to amend an act, entitled, an act establishing the town of Ghent, in
Gallatin county.

An act to authorize certain land warrants to be surveyed in the county
of Clinton.

An act to establish the town of Pleasant Hill, in Calloway county.

An act for the benefit of the Sheriffs of Christian, Wayne and Pulaski
counties.

An act to allow an additional Constable to the counties of Spencer and
Calloway 7 .

Jan. 29.]

JOURNAL OF THE SENATE.

209

An act to allow an additional Justice of the Peace to the county of Clay.

An act to allow an additional Constable to the county of Logan.

An act for the benefit of the heirs and representatives of Eliza Murray,
deceased.

An act to establish a State road from Litchfield, in Grayson county, to
Munfordsville, in Hart county.

An act for the benefit of Willie Sugg.

An act abolishing an election precinct in Casey county.

An act to establish an election precinct in the county of Allen.

An act for the benefit of thp Sheriff'of Muhlenburg county.

An act for the benefit of the Sheriff of Clay county.

An act for the benefit of the Sheriff of Henderson county.

An act for the benefit of the Sheriff of Calloway county.

An act to incorporate the town of Francisburg, in Union county.

An act allowing further time to enter and survey Kentucky land war¬
rants and to return plats and certificates of survey.

An act for the benefit of Mary Kimes.

An act for the benefit of Henry G. A. Blankman.

An act for the benefit of Keziah Craycraft.

An act for the benefit of Henry Clay, Jr.

An act for the benefit of John Cobb, Hezekiah Willis, Perry Waters and
Shepherd Burch.

An act to change the names of James Jameson and George Rook.

A resolution giving to the members of the Board of Internal Improve¬
ment the use of the books in the public Library.

Approved January 17, 1839.

An act for the benefit of George O. Stovall.

An act for the benefit of John W. Flora.

An act concerning the Meade Circuit Court.

An act authorizing the appointment of a county Treasurer for Pendle¬
ton county.

An act supplementary to an act, approved the 12th of February, 1S38,
for the benefit of Isaac Young.

An act to amend an act to establish a ferry across the Ohio river at Pa¬
ducah.

An act for the benefit of the citizens of Springfield.

An act authorizing Thomas Bratcher to build a mill dam across Caney
creek.

An act to authorize the trustees of Pains to sell a certain lot and street
therein

An act for the benefit of Joseph R. Perkins and Mary P., his wife.

An act to reduce the bounds of the town of Brownsborough.

210

JOURNAL OF THE SENATE.

L-Tan. 29,

An act authorizing the trustees of the town ot Bedford to reduce the
width of a certain street therein, and to sell the part so stricken oil.

An act to authorize the citizens ol Louisville to laise and organize a
militia corps, to be styled the Louisville Legion.

An act for the benefit of the Sheriffs of Franklin and Woodford counties,

An act for the benefit of the trustees of the jury fund in this Com-
monwealth, and for other purposes.

An act to preserve the original manuscript of the annual messages of the
Governors of this State.

An act for the benefit of Thomas J. Paris.

Approved January 21, 1839.

Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled, an act to
provide for running the line between Marion and Washington counties, re¬
ported the same with amendments—which were concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Willis, from the same committee, to whom was referred hills from
the House of Representatives of the following titles, viz:

An act to change the name of Jane Wright to that of Jane Dodd:

An act to establish the town of Frederick, in Barren county:

An act to repeal the law authorizing the County Court of Hardin to sell
the Poor House land—reported the same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Willis, from the same committee, to whom was referred the petition
of sundry citizens of Smithland, praying that the trustees of said town may
be authorized to license coffee houses, reported the following resolution
thereon, viz:

Resolved, That the said petition be rejected— which was concurred in.

Mr. Beatty, from the committee on Education, to whom was referred a
bill from the House of Representatives, entitled, an act to incorporate the
trustees of the Republican School, in Bracken county, reported the same
with an amendment—which was concurred in.

Ordered, That the said bill be read a third time, as amended.

The following bills were reported, viz:

By Mr. Willis, from the committee of Propositions and Grievances, viz:

A bill to authorize the Scott County Court to impose an additional county
levy:

A bill to amend the law in relation to divorces.

Which bills were read the first time, and ordered to be read a second time.

JOURNAL OF THE SENATE.

211

Jak. 29.]

The constitutional rule as to the second reading being dispensed with,
Ordered, That the said bills be engrossed and read a third time.

M r . De Courcy, from the committee appointed for that purpose, reported
a bill for the benefit of the jailer of Campbell county, which was read the
first time.

The question being taken on reading the said bill a second time, it was
decided in the negative, and so the said bill was rejected.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Beatty—1. A bill for the benefit of Harrison Ran¬
kin, and wife and children.

On the motion of Mr. Huston—2. A bill for the benefit of the widow
and heirs of Stephen Gilbert, deceased.

On the motion of Mr. James—3. A bill to incorporate a company to
erect a hotel in the town of Hickman.

On the motion of Mr. Willis—4. A bill to reduce the salaries of the prin¬
cipal and assistant Engineers of this State.

Messrs. Beatty, J. S. Morgan and Wingate were appointed a committee
to prepare and bring in the 1st; Messrs. Huston, Johnston and Rice the 2d;
Messrs. Willis, Dixon and A. Young the 4th, and the committee on the Ju¬
diciary was directed to prepare and bring in the 3d.

On the motion of Mr. Watkins, the committee of Internal Improvement
was discharged from the further consideration of the petition of sundry
citizens, praying for the passege of a law incorporating the town of Spring-
ville, and leave was given to withdraw the said petition.

Mr. Beatty, from the committee appointed for that purpose, reported a
bill for the benefit of Harrison Ranking, and wife and children.

Which was read the first time and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,
Ordered, That the said bill be engrossed and read a third time.

Mr. Pitts offered the following resolution, viz.

Resolved, That the Board of Internal Improvement report to the Senate
v whether any rates of toll have been fixed to be collected from boats passing
I through the locks on Green river, and if any, report to the Senate what they

l are '

The rule of the Senate being dispensed with, the said resolution was twice
S' read and adopted.

The Senate, according to the standing order of the day, resolved itself
f into a committee of the whole House on the state of the Commonwealth,
£ Mr. Wingate in the Chair. After some time spent in committee, the Speak-
■ er resumed the Chair, when Mr. Wingate reported that the committee had,

| according to order, had under consideration a bill to amend an act to es¬
tablish a system of Common Schools in the State of Kentucky, and had

>212 JOURNAL OF THE SENATE. [Jam. SO.

gone through the same, and made some amendments thereto, which he
handed in at the Clerk’s table.

A part of said amendments were concurred in, and the bill with the other
amendments was referred to the committee on Education, with instructions
to report a bill providing for the investment of the interest aiising on the
School Fund, in profitable stocks.

And then the Senate adjourned.

WEDNESDAY, JANUARY 30, 1839,

The Speaker laid before the Senate the following report, viz:

Office of Board of Internal Improvement,
30 tli January, 1839.

In answer to the resolution of the Senate of yesterday, calling on the
Board of Internal Improvement for information in relation to the rates of
toll, if any, fixed by them, to be collected from boats passing through the
locks on Green river, I beg leave to report the inclosed orders of the Board,
as containing all the action they have had on the subject.

Very respectfully,

Your obedient servant,

AUSTIN P. COX,
Secretary Board In’t. Im't.

Hon. C. A. Wickliffe,

Speaker of the Senate.

Office of Boare of Internal Improvement, /

25 th October, 1838. \

Two of the locks and dams on Green river are about being completed, so
that the same can be used for purposes of navigation; by reason whereof,
it becomes the duty of this Board to fix the rates of toll to be collected from
persons navigating said river, so far as slackwater extends—wherefore,

Resolved, that the following rates of toll be established for the present,
viz:

For every flatboat, six dollars at each lock.

For every steamboat, twelve and a half cents per ton, according to measur-
ment, and thirty seven and a half cents for each passenger above ten yean
of age, at each lock.

Jan. 30.] JOURNAL OF THE SENATE. 213

January 25, 1839.

Ordered, That for the present, the lock keepers on Green river be di¬
rected to charge only one half tolls, as fixed by order of this Board, on 25th
October last.

Copied from the minutes.

1 AUSTIN P. COX,

Secretary Board In't. Im't.

Ordered, That the said report be referred to the committee of Internal

Improvement.

A message was received from the House of Representatives, announcing
[the passage of bills from the Senate of the following titles, viz:

An act for the benefit of the estate of Guthrie Morris.

An act providing for a change of venue from the Greenup Circuit Court
•to the Morgan Circuit Court, in the case of John C. Ball, and others—with
amendments to each.

And that they had passed bills of the following titles, viz:

An act to establish the county of Breathitt.

An act to incorporate the town of Port Royal.

Mr. Willis presented the petition of Christian Sandridge and John Gooch,
praying that an additional Justice of the Peace may be allowed to the coun¬
ity of Green.

Which was received and referred to the committee of Propositions and
Grievances,

On the motion of Mr. J. S. Morgan, leave was given to withdraw the
'petition of Joseph Shropshire, praying for a divorce from his wife.

Mr. Johnston, from the same committee, to whom was referred the pe¬
tition of the securities of the Sheriff of Livingston county, praying that fur¬
ther time be given to said Sheriff to pay into the Treasury the balance of
the revenue of said county, reported the following resolution thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

Mr. Jesup, from the committee on Military Affairs, to whom was referred
the nomination of Bernard Dougherty, to be Colonel of the 22d Regiment,
in the place of Victor Monroe, removed, reported the following resolution

thereon, viz:

214 JOURNAL OF THE SENATE. [Jan. 30.

Resolved, That the Senate do not advise and consent to the said appoint,
ment.

Which was concurred in.

Mr. Jesup, from the same committee, to whom was referred bills from
the House of Representatives of the following titles, viz:

An act for the benefit of William P. Neal aud others:

An act for the benefit of Abraham Rightly, reported the same without
amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That said bills do pass, and that the titles thereof be as afore,
said.

Mr. Barlow, from the committee of Enrollments, reported that the corn-
had enxamined an enrolled bill, entitled, an act to authorize Samuel Arnett
to qualify as high Sheriff of Nicholas county, and had found the same truly
enrolled.

The said bill being signed by the Speaker of the House of Representa¬
tives, the Speaker of the Senate affixed his signature thereto, and it was
delivered to the committee to be presented to the Governor for his approba¬
tion and signature.' After a short time Mr. Barlow reported that the com.
mittee had performed that duty.

The following bills were reported, viz:

By Mr. Huston, from the committee of Privileges and Elections—1. A
bill to establish an election precinct in the town of Lovelaceville, in Mc¬
Cracken county.

By Mr. Willis, from a select committee—2. A bill to reduce the salaries
of the principal and assistant Engineers, and for other purposes.

By Mr. Ford, from a select committee—3. A bill declaring Gasper river,
in Warren county, a navigable stream.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of the first bill
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

The constitutional rule as to the second reading of the 2d and 3d bills
being dispensed with, the 2d was referred to the committee of the whole
House on the state of the Commonwealth, and made the order of the day
for Wednesday next, and the third was referred to the committee of Inter¬
nal Improvement.

Jan. 31.]

JOURNAL OF THE SENATE.

Mr. Pitts read and laid on the table the following resolution, viz:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That to effect a safe, judicious and wholsome Legislation, it is inexpedient
for any member of the Legislature to be a contractor for the improvement
of the roads or rivers of this Commonwealth; and that the Board of Inter¬
nal Improvement be instructed to prohibit any contract to be let, hereafter,
to any member of the Senate or House of Representatives.

On the motion of Mr. Nuttall, leave was given to bring In a bill to change
the name of Mary Roberts to that of Mary Clifton.

•Messrs. Nuttall, Wickliffe and Johnston were appointed a committee to
prepare and bring in the same.

The Senate, according to the standing order of the day, resolved itself
into a committee of the whole House on the state of the Commonwealth,
Mr. James in the Chair. After some time spent in committee, the Speaker
.resumed the Chair, when Mr. James reported that the committee had, ac¬
cording to order, had under consideration a bill for the benefit of the Lex¬
ington and Ohio Railroad Company, and had gone through the same, and
made an amendment thereto, which he handed in at the Clerk’s table.

The said amendment was concurred in.

And then the Senate adjourned.

THURSDAY, JANUARY 31, IS39.

A message was received from the House of Representatives, announcing
that they had passed bills which originated in the Senate of the following
titles, viz:

: An act for the benefit of Edward McCoy and William Crabtree,
i An act to amend an act to provide against compounding penal prosecu¬
tions, approved February 3d, 1837.

An act for the benefit of Margarette B. White.

An act to incorporate the Louisville Law Library Company.

An act for the benefit of Joseph Dawson.

An act for the benefit of the heirs of Ruth and Polly Pointer.

An act to provide for rebinding certain record books of the Shelby County
iurt.

An act to amend an act, entitled, an act to establish the Louisville Chan¬
cery Court.

An act for the benefit of the heirs of Francis Blaydes, deceased.

216 JOURNAL OF THE SENATE. [Jan. 31.

An act to amend an act incorporating the Stockholders of the Merchants'
Louisville Insurance Company.

An act to amend an act, entitled, an act for the benefit ot the estate of
Joseph Spencer, deceased, approved February 16, 1S3S.

An act to repeal the 10th section ot an act to incorporate a File Com.
pany in the town of Cynthiana, and for other purposes, approved January
27,1S3S.

An act further regulating the duties of Clerks of Circuit Courts.

An act for the benefit of Anderson Dunn and Isaac Hemingway.

With amendments to the two last named bills.

And. that they had passed bills of the following titles, viz:

An act concerning the towns of Warsaw and Monticello.

An act to extend the limits of the town of Bowlinggreen, in Warren
county.

An act for the benefit of James R. Wright, guardian of Eliza Jane Curie,
legalizing the sale of a slave made by him.

An act to amend an act, entitled, an act for the benefit of the heirs of

Aaron Foreman, deceased.

An act to establish an election precinct at S. R. Pace’s store, in Barren
county.

An act for the benefit of William Herd.

An act for the benefit of Mentor A. Shanks and Hannibal Abell.

An act for the benefit of James W. Bowers, jailer of Campbell county.

An act providing for a change of venue in the prosecution against Ebe-
nezer W. Loverett.

1. Mr. C. J. Walker presented the petition of David Thomas, praying
for compensation for pursuing a fugitive from justice to the State of Mis¬
souri.

2. The petition of John Martin, praying for compensation fot his services
and expenses in pursuing a fugitive from justice to the State of Missouri.

3. Also the petition of Charles Ivirtley, and others, praying for the pas¬
sage of a law authorizing the County Court of Rockcastle to grant him a
license to keep a coffee house.

4. Mr. Schooling presented the petition of sundry citizens of Washington
county, praying that there may be allowed to said county an additional Jus¬
tice of the Peace and Constable.

Which were received and referred, the three first to the committee of Fi¬
nance and the last to the committee of Propositions and Grievances.

Mr. Guthrie, from the committee on the Judiciary, made the following
report, viz:

The committee on the Judiciary have had under consideration the pe¬
tition of John Ortkies and Catharine, his wife. The marriage of the parties

JOURNAL OF TILE SENATE.

217

Jan. 31.]

r •' o' the first husband was null and void in law; but the issue of such a
mornafre bv the 19th section of the act, entitled, an act directing the course
of descents approved December.24th, 1790, is declared legitimate, and of
course there is no need of legislation to make the child legitimate: and as
the first husband is now dead, there is no reason why the parties may not
now lawfully marry, and no need of a law to authorize it. The committee,
therefore, ask to be discharged from the further consideration of the petition.

The said committee was discharged.

Mr Guthrie, from the same committee, to whom was referred the fol¬

lowing bills, viz:

1 A bill to incorporate the College, of Dental Surgeons of Kentucky:

2. A bill to amend the charter of the Logan, Todd and Christian Turn-

[pike Road Company:

3. A bill to amend the law of petion and summons, and actions on joint
i contracts—reported the 1st and 2d with amendments, which were concur¬
red in, and the 3d without amendment.

Ordered, That the said bills be engrossed and read a third time.

The constitutional rule as to the third reading of the third bill being dis--
pensed with, and the same being engrossed,

Resolved, That the said bill do pass and that the title thereof be as afore¬
said.

Mr. Wingate, from the committee of Religion, to whom was referred bills
from the House of Representatives of the following titles, viz:

1. An act for the divorce of Daniel S. Shacklett :

2. An act for-the divorce of John Bowden:

3. An act for the divorce of Lucy Graves—reported the same with the
opinion of the committee that they ought not to pass.

The question being taken on reading the 1st and 2d bills a third time, it
was decided in the negative, and sq the said bills were disagreed to.
Ordered, That the 'third bill be read a third time.

Mr. Wingate, from the-same committee, to whom was referred the pe¬
tition of Jeremiah Sullivan, praying to be restored to the rights and privi¬
leges of an unmarried man, reported the following resolution thsreon, viz -

Resolved, That the said petition be rejected—which was concurred in.-
The following bills were reported, viz:

By Mr Guthrie, from the committee on the Judiciary—1. A bill for

I . the benefit of the estate of Franklin C. Aaverit.

2. A bill for the benefit of Patsey Jane, and Daniel Hazelwood.

By Mr. Willis, from the committee of Propositions and Grievances—3.
A bill to allow an additional Justice of the Peace to Green county.

By Mr. Ballinger, from the committee of Internal Improvement—4. A
bill to amend an act, entitled, an act to incorporate the Lebanon and Marion
Turnpike Road Company, approved February 17th, 1S36.

218

JOURNAL OF THE SENATE.

[Jan. 31,

5. A bill further to provide for the internal improvement of the Common,
wealth.

By Mr. Johnston, from the committee of Finance—6. A bill for the bene¬
fit of John M. Emerson and his securities.

By Mr. Ford, from a select committee—7. A bill to change certain J u .
dicial Districts in this Commonwealth.

Which bills were severally read the. first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with,
the 1st, 2d, 3d and 4th were ordered to be engrossed and read a third time;
the 5th was placed in the orders of the day; the 7th was laid on the table^
and the Public Printer ordered to print 150 copies of the 5th and 7th for
the use of the General Assembly.

The constitutional rule as to the second and third readings of the sixth
bill being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act to
repeal all laws declaring Little river a navigable stream, above Alexander’s
Ford, and for other purposed, reported the same without amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading of the' said bill being dis¬
pensed with, the question taken on the passage thereof, and it was decided
in the affirmative.

The yeas and nays being required thereon by Messrs. J. S. Morgan and
Nuttall, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,
Burnett,

De Courcy,

Dixon,

Guthrie,

Huston,

James,

Jasper,

Jesup,

May,

Murrell,

Nuttall,

Pitts,

Rice,

Schooling,
Walker, C. J.

Walker, J. V.
Wallace,
Watkins,
Weller,
Willis,
Wingate,
Young, A

23.

Those who voted in the negative were—

Messrs. Ballinger,

Davidson,

Morgan, J. S.

Beatty,

Ford,

Wickliffe,

Bradshaw*

Johnston,

Young, S.—b

Clarke,

JOURNAL OF TIIE SENATE,

Jan. 31.]

Resolved, That the title of the said bill be as aforesaid.

A bill from the House of Representatives, entitled, an act to establish the
county of Breathitt, was read the first time, and ordered to be read a second
time.

The constitutional rule as to the second reading being dispensed with,
the said bill was referred to the committee of Propositions and Grivances.

Mr. Beatty, from the committee of Education, to whom was referred the
memorial of the committee of the Kentucky State Agricultural Society,
praying the passage of a law “establishing and endowing a School of
Agriculture for the state of Kentucky, in which the theory and practice,
the science and art of Agriculture, in all its departments, may be thorough¬
ly taught to the sons of the State, who may desire a finished education
to fit them to pursue, intelligently and successfully, the dignified and in¬
dependent profession of husbandry,” beg leave to report:

That they entirely concur in the opinion that the application of science
to practical husbandry would not only tend to increase the agricultural pro¬
ducts ot the country, whilst, at the same time, it would be enriching and
fertilizing the soil, but would also give increased dignity and importance to
the occupation of husbandry. That science, applied to practical husbandry
will, at the same time, fertilize the soil and increase its products, is no longer
■matter of theory. The fact has been so fully demonstrated by experience,
the surest of all tests, that it has ceased to be a debatable p*oint in those
countries in which the experiment has been fairly made. If the practical
results of the application of science to husbandry ’
of our intelligent farmers, there would be no diflh
They would have nothing to do but to follow the

„ ! example or those around

them, whose improved methods had come within their own observation.
Seeing the practical results of those improved methods of husbandry to be

increased fertility in the soil, they
:xample, which would so greatly pro-
But practical results, exhibited on a Eu¬
ropean theatre, cannot be brought under the immediate inspection of our

'.ILhing to their view, the philosophical
agriculture depends, and of rendering
Is of agriculture, where
Such schools would have

at once an increased product, and
could not do otherwise than follow
mote their permanent interests,

-0 ■

farmers. Hence the necessity of exhibiting
principles upon which the science of agri^i-u^ U k (
those principles familiar, by well conducted school

theory and practice might progress pari passu. Such schools would have
a tendency to diffuse and render popular these improved methods, and the
reasons and principles upon which they are founded, as well as to exhibit
their practical results.

The productiveness or unproductiveness of the soil, depends upon the ele¬
ments of its composition. If those elements abound which afford the pabu¬
lum or food necessary for the particular crop which is intended to be grown
upon the soil, it may be expected that the crop will flourish and yield abun¬
dantly. It there be a scarcity of the elements which furnishes the peculiar
or appropriate lood for the intended crop, the yield will be proportionably
small. But although a particular soil may be deficient in the^ elements suit-
a ile to one crop, it may abound in those which furnish the appropriate

320 JOURNAL OF THE SENATE. [Jan. 31.

pabulum for another. Hence it is necessary that there should be a fitness
or adaptation of the soil to the particular vegetable or crop which is to be
grown upon it. Again, a soil may possess an abundance ol those elements
which are suitable for the food of a particular vegetable or other crop; but
by growing the same-crop, for a succession ol years, upon the same ground,
the pabulum most-appropriate for such crop, may become so much exhaust¬
ed as to furnish only a stinted supply to it, and hence its produce will be
small. The elements suitable for a different crop, may, howevei, exist in
abundance; and hence the advantage,, and, in some instances, the absolute
necessity for a rotation in crops. The correctness ol these principles will be
illustrated by the observations of every intelligent farmer. J he same vegi.
table may be seen to flourish for a number ol yeers, and then gradually
give way to some other vegitable growth. And again that will bs succeed¬
ed by another, perhaps the former one again. The same ground will not
furnish the appropriate food, and in suitable quantity to flax, two years m
succession. Whiist hemp may be grown on the same ground a number of
years, with little or no deterioration. Even timber, ol a particular kind,
after a long succession of years, will give way to another grow th ol trees.
Thus, even our forests are compelled to yield to the great law ol nature,
that no soil can sustain, in a flourishing condition, any vegitable production,
when it shall cease to contain, in sufficient abundance, those elementary
rvrineinles 'and combinations of matter, which constitute the appropriate

J AN. 31.]

JOURNAL OF THE SENATE.

• t is an accurate chemical analysis 01 me sons, 10 wnicn me improveu
method's of agriculture are to be applied. A very intelligent and scientific
■ r of the soil, states, that “he has found in some fields onlyyfoe per
oMitne, and in others eighteen. In some, forty five per cent, of silex,
and the clay and decomposed organic matter varying as
that “reason teaches us that these varieties
That “without the knowledge
j, cow dung might be carried out on clay, and the ma-
the lighter lands.” That “by reversing this process, ex-
Z 'raved that not nnfreqnently more than thirty jrer cent., in the
npfj a nd the soil rendered permanently better.”

’ .... .-I , •.i xi _ itn ___

portions in which those ele-
exist in the soil upon which the crop is
we may form some judgment of the adaptation of
’ ‘ ’ rown thereon. We shall be prepared

•emeclyAo the defect in the soil, if there be one, which would
" " " ' ’ If the remedy first applied should

soon point out one that would be more ef-
But without the guidance of science, we should have to group in

chance for a remedy properly adapted to

the evil.

The varieties of soil, depend chiefly on the disintegration of the various
kinds of rock. Hence, geology is to agriculture what anatomy is to medi¬
cal science; and the treatment and cultivation of land, to make it produce
the greatest returns, requires as much scientific knowledge as the treatment
of men, in order to health and the cure of diseases. If the foregoing views
be founded in truth, it would seem to follow, as a necessary consequence, that
schools of agriculture are necessary to give to husbandry the full benefits
that would result from the application of science to the most useful of all
the arts; for that art upon which all the rest depends, must unquestionably,
be entitled to rank the highest.

The practical utility of schools of agriculture, has been fully tested by
several of the European Governments. With them, this truth is no longer
a theoretical problem. Experience, the surest test of the utility of all hu¬
man inventions, has fully settled the point.

In Flanders, the improved methods of agriculture, introduced by these
schools, have been adopted. The consequence has been, that a soil, natur¬
ally poor, or rendered so by bad husbandry, has become the most productive
in the world. The young men from the schools, examine the soil on a farm
by a strict chemical analysis, and thus ascertain how to render it at once
fertile and productive, greatly beyond what had before been supposed prac¬
ticable. The Flemish husbandman, taught in the school of Mogelin, or in¬
structed practicably by young farmers who had been educated there, raises
a family in comfort, and makes a fortune on fifty acres of land; while our
small farmers, of one and two hundred acres of rich Kentucky land, are oblig¬
ed to sell out and go to the far west, because they cannot raise and educate
a family upon so small a spot of ground.

These small farms are purchased up by the large land holders of the neigh¬
borhood, and put in grass to prevent their farther deterioration. Thus, by
a deprivation of a large portion of our most valuable population, we seek

cultivator
cent. c.

l and in others sixty
much.” He further remarks,

|cannot be managed alike, with equal profit.

[derived from science,

; nure of horses on 1,1
perience has pr

C1 °When a rigid chemical analysis has ascertained the modifications of mat-
iter, suitable to any particular crop, and the prop
meats or modifications of matter, <
intended to be grown
the soil to the crop proposed to be gr
also to apply a rt

be likely, to have the effect of removing it,
fail of success, experience would
ficient.

the dark, and depend upon mere

22 2

JOURNAL OF THE SENATE.

[ J AN.

to restore lands to health, which have been much reduced in fertility by bad
husbandry. But this system cannot, last always. By descent, devise and
otherwise, these large tracts will again be divided; and we shall have to
adopt other modes of preserving their fertility.

Kentucky lands are naturally equal in fertility to any in the world; yet
Europeans are already speculating upon the fatal consequences which, they
say, must result from our modes of cultivation. Unless, say they, we “ re .

sort to more scientific modes of agriculture, in a hundred years more, Eu¬

rope will feed the North Americans.” This prediction will probably not be
verified, because, when we discover that, our lands are deteriorating so rap.
idly that we can, with difficult}’', furnish food for our population, necessity
will compel us to resort to more scientific methods of cultivating.our lands,
But is it not better to commence with those improved methods, before our
lands shall have become so much deteriorated, as to compel us to a different
system of husbandry? If we suffer our lands to become very much reduced,
it will be much more difficult to restore their fertility than to preserve them
in a sound and healthful condition, by the application.of science to practical
husbandry. But shall we wait till we are compelled to correct our system
of agriculture? Is it not rather the part of wisdom to set about the care
while the disease is easily manageable? Can the Legislature be engaged in
a more noble enterprise than in arresting the distraction of the fertile soil,
and turning the agriculture of the vState from a downward course, into the
highroad of improvement, wealth and prosperity? On this subject, we
should be stimulated by our brethren in the New England States. Their
granitic soil is analagous to that of many parts of Europe, and already are
they practising the precepts of their schools. Though naturally far inferior

in quality to our rich, calearious soil, they are outstripping

their pro¬

duct? of Indian corn. The Cultivator for January, .183S, contains reports
of 110, 116, and 118 bushels of coi n to the acre. This vast increase of
product was brought about by the simple process of hauling upon a soil,
naturally very sandy, clay at the rate of from fifty to one hundred loads per
acre.

The theory and practice of agriculture, in schools erected for that pur¬
pose in Europe, go hand in hand. “The soils of the country are analyzed,
their deficiencies ascertained, the means of improvement demonstrated, re¬
commended and practised. The crops best adapted to different soils, their
rotation and mode of cultivation are ascertained and adopted; the mineral,
animal and vegitable manures, suitable for each variety of soil, are discover¬
ed and disclosed; the best kinds of stock, for different soils and climates,
their habits, uses and diseases, are investigated—all these are not only
studied, but made the .daily practice of pupils. Manuels of their success¬
ful methods are published for the information of the people; and the young
men, educated in these schools, go back into the districts of their nativity,
and become farmers. They demonstrate to all around them the advan¬
tages ol the improved methods; ignorance is enlightened; prejudice van¬
quished, and the people are convinced. They adopt the better methods, and
the country is improved and enriched; the revenue increased in the same
ratio with the resources of the people. The tolls on all the roads, rivers
and canals are increased; the means of further internal improvement are
enlarged; and greater facilities are afforded for the pursuit of the arts of
peace, or for protection in war.”

JOURNAL OF THE .SENATE.

1 lie committee recommend the adoption of the following resolutions:

Resolved, That --be, and he is hereby requested to enter into a

correspondence with the principle superintendents of such Agricultural
Schools in Europe and the United States, as he may deem expedient, with a
riew to the obtaining of useful and practical information, in relation to Agri¬
cultural Schools, established upon such principles as would tend most to lTro-
uote the application of science to practical husbandry.

Resolved, That the Judges of the Court of Appeals be requested to ap-
Ply suln . exceeding dollars, out ol the annual appropriation for

he increase of the Library, to the purchase of such practical books on ao-ri-
iulture, and treatises in relation to Agricultural Schools, as they may deem
leslcalculated to promote the application of science to practical husbandry.

| Ordered, That the said report be laid on the table, and that the Public
jmPnntei piint laO copies thereof for the use of the General Assembly.

I The amendments proposed by the House of Representatives, to bills of the
Eienate ot the following titles, were twice read and concurred in, viz:

[ An act providing for a change of venue from the Greenup Circuit Court
to the Morgan Circuit Court, in the case of John C. Ball, and others.

B An act for the benefit of the estate of Guthrie Morris.

The amendments proposed by the House of Representatives, to a bill from
the Senate, entitled, an act further regulating the duties of Clerks of Circuit
Courts, were twice read and the first and second concurred in.

I The third amendment proposes to strike out of the bill, so much thereof
as allows the Clerks five cents for each endorsement required to be made,
and to insert in lieu thereof the following: “for which the Clerk shall re¬
ceive no compensation.

The question being taken on concurring in the said amendment, it was
decided in the affirmative.

J lie yeas and nays being required thereon by Messrs. Watkins and De
sCourcy, were as follows, viz:

(Jan. 31,

221

4 :

JOURNAL OF THE SENATE.
Those who voted in the affirmative were—

Messrs. Ballinger,
Barlow,
Beatty,
Bradshaw',
Burnett,
Clarke,

De Courcy,
Dixon,

James,
x Jasper,

Jesup,

May,

Morgan, J. S.
Murrell,

Rice,

Schooling,

Walker, C. J.

Wallace,

Weller,

Wickliffe,

Willis,

Wingate—22.

Those w ho voted in the negative were—

Messrs. Davidson, Huston,

p or d ) Johnston,

Guthrie, Nuttall,

Tomlinson,

W atkins,
Young, S.—9.

The amendments proposed by the House of Representatives to a bill from
the Senate, entitled, an act for the benefit ot Anderson Dunn and Isaac
Hemingway, were referred to the committee of Finance.

Mr. Barlow, from the committee of Enrollments, reported that the com-
mitteehad examined enrolled bills which originated in the Senate of the
following titles, and had found the same truly enrolled, viz:

An act for the benefit of the Lunatic Asylum.

An act for the benefit of Mason W. Shenill.

An act for the benefit of the Spencer county Seminary.

An act giving Harris W. Thompson, late deputy Sheriff of Greenup coun.
ty, further time to return his delinquent list of muster fines.

An act to authorize a sale of the Seminary lands ol Wayne county.

An act to incorporate the Mount Vernon Academy, in Christian count).
An act for the benefit of the Sheriff of Green county.

An act for the divorce of Sarah Jane 1 helps.

An act for the benefit of the Sheriffs of Casey and Pulaski counties.

An act giving Sheriffs further time to return their delinquent listofreve-

nue tax for 1S38.

And that they had examined enrolled bills which originated in the House
of Representatives of the following titles, [and had iound the same truly

enrolled, viz:

An act for the benefit of the Sheriffs of Estill and Pendleton counties.
An act to change the place of voting in the Stamping Ground precinct,

in Scott county.

An act to change the bounds of the seventh division of the kentucu

militia, and for other purposes.

An act for the benefit of the Clerk ol the Scott Circuit Couit.
An act for the benefit of the estate of Edmund Hall, deceased.
An act for the benefit of the Sherift of Madison county.

I. o, i JOURNAL OF THE SENATE. 225

Jan. oi.j

An ac t for the benefit of the mechanics of Maysville.

An act to change the venue in the case of John. D. Perkins.

An act authorizing a change of venue in the case of the Common¬
wealth against Edward C. Wilkinson, Benjamin R. Wilkinson, and John

■’ Murdough.

An act for the benefit of Maria Waller, an idiot.

A n a ct for the benefit of John Griffith, guardian of the hnirs of John

• Conway, Jr., deceased. . , , .

An act in relation to the registration of mortgages and deeds of trust.

An act to incorporate the trustees of Rock Spring Church,

An act for the benefit of Nancy Collins.

An act to change the place of voting in an election precinct in Curn-

I berland county. «

An act to provide a standard of weights and measures for the several

J counties of this State.

An act in relation to the roads in Clay, Knox, Laurel, Whitley, Harlan
land Perry counties^

Ail act allowing two additional Justice of the Peace to Oldham county.
An act for the divorce of Adam R. Walker.

An act further to enforce the payment of State dividends declared by
(certain incorporated companies, and for other purposes.

An act to amend the charter of St. Joseph’s College.

An act to amend the charter of Centre College.

An act to change a part of the State road from Brandenburg to Bow-
I linggreen.

An act to amend an act, entitled, an act to amend an act incorporating
Ithe town of Steamport, in the county of Henderson.

An act for the benefit of Charity Taylor.

An act to repeal an act, entitled, an act to incorporate the town of
West Point, and for other purposes.

An act for the benefit of Matthew Elder.

An act to establish the town of Rochester.

An act to change the name of Green Ruby to that of Green Kerley.

An act altering a Constable’s district in Wayne county.

The said bills being signed by the Speaker of the House of Representa¬
tives, the Speaker of the Senate affixed his signature thereto, and they were
: delivered to the committee to be presented to the Governor for his approba-
I tion and signature. After a short time Mr. Barlow reported that the com¬
mittee had performed that duty.

Engrossed bills of the following titles, were severally read the third time
! viz:

JOURNAL OP THE SENATE.

[P EB . 1 .

Turnpike Road Company.

An act to incorporate the Shelbyville Fire, Marine and Lite Insurance
Company.

An act to amend the seventh section of an act to prevent the increase
of vagrants, and other idle and disorderly persons, in this State.

An act to amend the 16th section of an act, entitled, an act to amend
the charter of the city of Louisville, approved 16th of January, IS38.

An act to authorize the Scott County Court to impose an additional coun.
ty levy.

An act for the benefit of Harrison Rankins, and wife, and children.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid. •

An engrossed bill, entitled, an act to amend the law in relation to di.
vorces, was read the third time, amended by way of engrossed ryder, and
referred to a committee of Messrs. Willis, Wicklifle and S. Young.

On the motion of Mr. Watkins, leave was given to withdraw the petition
of Margarett B. White.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Clarke—1. A bill for the benefit of Mary Me.
Brayer, and her children.

On the motion of Mr. Schooling—2. A bill foi»the benefit of the Sheriff
of Marion county.

On the motion of Mr. James—3. A bill to establish the town of Locust
Port, in Union county.

The committee of Propositions and Grievances was directed to prepare
and bring in the 1st and 3d, and the committee of Finance the 2d.

And then the Senate adjourned.

FRIDAY, FEBRUARY 1, 1S39.

A message was received from the Plouse of Representatives, announcing
that they had passed bills which originated in the Senate of the following
titles, viz:

An act to establish the town of Lovelaceville, in the county of Mc¬
Cracken.

Feb _ L j JOURNAL OF THE SENATE. 227

An act for the benefit of the heirs of John G. Evans, and the heirs of
James Wilson.

An act for the benefit of George H. Clements, and others.

An act to amend the charter of the city of Maysville.

An act the better and more effectually to protect the rights of reversion¬
ary legatees.

An act to amend the law regulating the mode of settling the accounts of
i executors, administrators and guardians, approved February 24, 1834.

An act to alter the time of holding the Chancery Court, in the county of
Madison, and for other pui poses.

An act to amend an act, entitled, an act to incorporate the town of Al-
bany, in Clinton county, and Ballardsville, in Oldham county, approved Jan.
j 27 th, 1838.

With an amendment to the last bill—which was concurred in.

And that they had passed bills of the following titles, viz:

1. An act to incorporate the Cumberland Coal Mining Company.

2. An act to authorize the sale of a house and lot belonging to the heirs
; 'of Jacob Lyons, deceased, a man of color.

3. An act for the benefit of the heirs of Elijah Cummins, deceased.

4. An act for the benefit of the infant heirs of Samuel Pottinger, deceased.

5. An act to incorporate the trustees of the Mount Zion Methodist Epis¬
copal Church, in Bracken county.

6. An act to authorize the Clerk of the Hancock County Court to amend
: certain records in his office.

7. An act to incorporate the towns of New Haven, Plodgenville and Big
i 'Spring.

8. An act to enlarge the powers of the trustees of Brandenburg.

9. An act to repeal an act, entitled, an act for the benefit of William M.
■Simmons,approved February 12th, 1838.

10. An act for the benefit of Volney E. Bragg, late deputy Sheriff of
1 Lewis county.

11. An act for the benfit of Mary Hughes, an infant.

12. An act for the benefit of Ransom Lasswell, and others.

Which bills were severally read the first time, and ordered to be read a
‘ second time.

The constitutional rule as to the second reading being dispensed with,
they were referred, the 1st to the committee of Internal Improvement; the
5th to the committee of Religion; the 10th to the committee of Finance,
and the others to the committee on the Judiciary.

Mr. James presented the petition of sundry citizens of Graves county,
praying that an additional Justice of the Peace and Constable may be al-

JOURNAL OF THE SENATE.

[Feb. 1,

lowed to said county, which was received and referred to the committee of
Propositions and Grievances.

Mr. Wingate presented the petition of Jeremiah Delph, praying fora
divorce from his wife, which was received and referred to the committee on
Religion.

On the motion of Mr. Ballinger, the committee of Internal Improvement
was discharged from the further consideration of a resolution instructing the
said committee to inquire into the expediency of providing, by law, for a
survey of the road from Thomas Parker’s, in Lewis county, by way of
Flemingsburg and Carlysle, to a point on the Maysville and Lexington turn¬
pike road, between Samuel Arnett’s and E. Morton’s, and for an estimate of
the cost of making said road on the plan of the Virginia road, from the
mouth of Big Sandy to Richmond, Virginia; and of a resolution directing
said committee to inquire into the propriety of surveying and making an
appropriation to improve the road leading from Greenupsburg, by way of Old
Town and Cross Roads, in Carter county, and from the last named place,
the most direct route to Paintsville, in Floyd county, and of directing the
Engineer, who shall survey and locate the road, to report what sum would
be required to grade the same and make it a safe and convenient earth road;
and of the petition of the President and Directors of the Maysville and
Lexington Turnpike Road Company, praying for an amendment of their
charter; and from the duty of preparing and bringing in a bill for the bene¬
fit of Joseph Barbour, and a bill to improve the downward navigation of the
Big Sandy river, from Pikeville to its mouth.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill to incorporate the Louisville and Mississippi Railroad
Company, reported the same without amendment.

The said bill was referred to the committee on the Judiciary.

Mr-Ballinger, from the same committee, to whom was referred a bill
from tire House of Representatives, entitled, an act to amend the charter of
tk.e Richmond and Lexington Turnpike Road Company, reported the same
with the opinion of the committee that it ought not to pass.

The said bill is as follows viz:

Be it enacted by the General Assembly qf the Commonwealth of Kentucky ,
That it shall and may be lawful for the President and Managers of the Rich¬
mond and Lexington Turnpike Road Company to cause one half acre of
ground, at each ty.rnpike gate on said road, to be condemned for the use of
§aicl Company, in the erection of houses, &c., which condemnation shall be
made in pursuance of the provisions of an act, entitled, an act to provide
for condemning kinds and materials for the construction of turnpike roads,
bridges and other works of internal improvement, approved February 22,
1S36, provided that said President and Managers shall not be authorized to
condemn any land, under this act, within less than three quarters of a mile
of the limits of the city of Lexington or town of Richmond.

L , , JOURNAL OF TIIE SENATE. 229

Fkb. i-J

' The question being taken on reading the said bill a third time, it was
1 • ]e . in ^ negative, and so the said bill was disagreed to.

The yeas and nays being required thereon by Messrs. J. S. Morgan and
Rice, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,
Burnett,
Clarke,

Guthrie,

Hanson,

Nuttall,

Rice,

Schooling,
Walker, C. J.—10

Those who voted in the negative were—

Messrs. Barlow,
Bradshaw,
Davidson,
De Courcy,
Ford,
Pluston,
Janies,

Jasper,

Jesup,

Johnston,

May,

Morgan, J. S.
Tomlinson,
Walker, J. V.

Wallace,

Watkins,

Weller,

Wickliffe,

Willis,

Wingate,

Young, S.—21.

I Mr. Ballinger, from the committee of Internal Improvement, to whom
Rvas referred bills from the House of Representatives of the following titles,
Reported the same without amendment, viz:

I An act authorizing a survey of the road leading over Mount Scratchum,
'-jfand Old Landing hills, in Estill county,
f An act to amend an act incorporating a company to turnpike the road
- from Greensburg, by way of Columbia, Jamestown and Monticello, to the
Tennessee State line, in the direction of Knoxville.

[ An act to provide for the extension of the Lexington, Nicholasville
and Danville turnpike road from Danville, and to unite the same with the
Louisville, Bardstown and Springfield turnpike road, at Springfield,
f An act to incorporate the Bank Lick Turnpike Road Company.

Ordered , That the said bills be read a third time.

| The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Mr. Ballinger, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to establish a State road from
the mouth of Salt river to Bowlinggreen, through Grayson county, reported
the same with amendments—which were concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Johnston, from the committee of Finance, to whom was referred the
petition of Charles Kirtley, praying compensation for pursuing a fugitive

230 JOURNAL OF THE SENATE. [Feu. i,

from justice to the State of Missouri, reported the following resolution
thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

Mr. Beatty, from the committee on Education, to whom was referred a
bill to amend an act to establish a System of Common Schools in the State
of Kentucky, reported the same with an amendment—which was concur¬
red in.

Ordered, That the said bill be engrossed and read a third time.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer-
red a bill from the House of Representatives, entitled, an act vesting the
trustees of the towns of Lebanon and Springfield with power to cause cer¬
tain streets of said towns to be McAdamized or paved, reported the same
with an amendment—which was concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Guthrie, from the same committee, to whom was referred a hill
changing the terms of the Court of Appeals, and for other purposes, re¬
ported the same with an amendment—which was concurred in.

Ordered, That the said bill be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis¬
pensed with, and the same being engrossed,

Resolved, That the said bill do pass and that the title thereof be as afore- f
said.

Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled, an act to
establish the county of Breathitt, reported the same with amendments, and
the said bill was recommitted to the same committee.

The following bills were reported, viz:

By Mr. Ballinger, from the committee of Internal Improvement—I. A
bill to authorize the survey of a road from Hartford to Russellville.

2. A bill to amend the charter of the Newport, Falmouth, Cynthiana,
Paris and Winchester turnpike road.

By Mr. Johnston, from the committee of Finance—3. A bill for the bene¬
fit of the Sheriff of Marion county.

By Mr. Nuttall, from a select committee—4. A bill to change the name
of Mary Roberts to the name of Mary Clifton.

By Mr. Willis, from the committee of Propositions and Grievances—5.
A bill for the benefit of Mary McBrayer, and her children.

6. A bill to amend an act, entitled, an act to authorize the citizens of the
town of Columbus, in the county of Hickman, to elect their trustees, and for
other purposes, approved February 9th, 1837.

7. A bill to close up a part of a certain street in the town of Cadiz,

Ffb. 1.] JOURNAL OF THE SENATE. 231

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with,
Ordered, That the said bills be engrossed and read a third time.

The constitutional rule as to the third reading of the third bill being dis¬
pensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Wicklifl'e, leave was given to bring in a bill to
■amend the charters of-Transylvania University and of Morrison College,
[and for other purposes, and Messrs. Wickliffe, Beatty and Clarke were ap¬
pointed a committee to prepare and bring in the same.

A bill for the benefit of the Lexington and Ohio Railroad Company was
taken up.

The question being taken on engrossing the said bill and reading it a
third time, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were-

Messrs. Ballinger,
Beatty,
Burnett,
Clarke,
Davidson,
Dixon,
Ford,
Guthrie,

Hanson,

May,

Morgan, D.
Morgan, J. S.
Murrell,
Nuttall,

Pitts,

Those who voted in the negative were-

lessrs. Barlow,
Bradshaw,
De Courcy,
Huston,
James,

Jasper,

Jesup,

Johnston,

Pratt,

Rice,

Walker, C. J.

Walker, J. V.

Watkins,

Weller,

Wickliffe,

Wingate,

Young, S.— 22.

Schooling,

Tomlinson,

W allace,

Willis,

Young, A.—15.

A bill prescribing the duties of the Keeper and Clerk of the Penitentiary
was taken up, amended and ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis-
dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

The resolution fixing a day for the election of public officers was taken

up, and the blank therein filled with the 14th day of February, instant, and
adopted.

232 JOURNAL OF THE SENATE. [Feu. [

The joint resolution, offered by Mr. Pitts on the 30th ultimo, in relation
to members of the Legislature being contractors for public works, was laid

on the table. .

Engrossed bills of the following titles were severally read the third time,

' * An act to amend an act, entitled, an act to incorporate the Lebanon and
Marion Turnpike Road Company, approved February 17th, 1S3G.

An act to incorporate the College of Dental Surgeons ol Kentucky.
An act for the benefit of the estate of Franklin C. Averil.

An act for the benefit of Patsey Jane, and Daniel Hazelwood.

An act to allow an additional Justice ol the Peace to Green county.

An act to amend the charter of the Logan, Todd and Christian Turn-

pike Road Company, ... , e , .

Resolved, That the said bills do pass, and that the titles thereof be as afore-

said.

Bills from the House of Representatives of the following titles, were each

read the third time, viz:

An act to repeal the fourth section of an act, entitled, an act to establish
a State road from Flynn’s old ferry across the Ohio river, in the county of
Livingston, to Princeton, in Caldwell county, and for other purposes, ap.

proved 25th February, 1S36.

An act for the divorce of Lucy Graves.

Resolved, That said bills do pass, and that the titles thereof be as afore-

said. ...

Bills from the House of Representatives of the following titles Were read

the third time as amended, viz:

An act to incorporate the trustees of the Republican School, in Bracken

An^act to provide for running the line between Marion and Washington

Resolved, That the said bills, as amended, do pass, and that the titles
thereof be a,s aforesaid.

Bills from the House of Representatives of the following titles, were

severally read the first time, viz:

1 An act to incorporate the town of Port Royal.

2 An act concerning the towns of Warsaw and Monticello.

3* An act to extend the limits of the town of Bowlinggreen, in Warren

C °r An act for the benefit of James R. Wright, guardian of Eliza Jane

Curie, legalizing the sale of a slave made by him. .

5. An act to amend an act, entitled, an act for the benefit ol the heirs of

Aaron Foreman, deceased.

JOURNAL OF THE SENATE.

Feb. 2.]

6 An act to establish an election precinct at S. R. Pace’s store, in Barren

C °7 n An act for the benefit of William Herd,
s' An act for the benefit of Mentor A. Shanks and Hannibal Abell.

9.' An act for the benefit of James W. Bowers, jailer of Campbell county.
10 An act providing for a change of venue in the prosecution against
Ebenezer W. Loverett.

Ordered, That the said bills be read a second time.

The constitutional rule as to the second reading being dispensed with,
the 1st, 2d, 3d, 4th, 5th and 10th were referred to the committee on the
Judiciary; the 6th to the committee of Privileges and Elections, and the
7th 8th and 9th to the committee of Finance.

A bill to incorporate the Transylvania Institute, and for other purposes,
was ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis¬
pensed with, and the same being engrossed,

* _ _ . . , . m i 1.1 . . 1 , • , 1 ,1 fl.f_

And then the Senate adjourned.

SATURDAY, FEBRUARY 2, 1839.

A message was received from the House of Representatives, announcing
the passage of bills from the Senate of the following titles, a iz.

An act for the benefit of the estate of Leonard Hamilton, deceased.

An act to prohibit unlawful dealing by corporations, and the better to pro¬
tect the currency.

An act to change the time of holding the Green Circuit Court—with
amendments to the two latter.

And that they had passed bills of the following titles, viz:

1. An act to amend the several acts incorporating the Henderson, Madison-
ville and Hopkinsville Turnpike Road Company.

2. An act authorizing the sale of real estate ol Hiram Spurlocks, deceased,
and for other purposes.

3. An act to allow an additional Justice of the Peace and Constable to
Bath county, and an additional Justice of the Peace to Graves county.

JOURNAL OF THE SENATE.

4. An act to establish the town of Hillsborough, in Fleming county.

5. An act for the benefit of the widow and heirs of Michael Chism.

6. An act for the benefit of William Gilpin and Frances Gilpin.

7. An act for the benefit of the heirs and representatives of Jos. Walker.

8. An act for the benefit of the representatives of Rodolphus B. Great-
house, deceased.

9. An act to provide for the permanent investment and application of the
Craddock fund.

10. An act to authorize a re-survey of so much of the State road leading
from Hopkinsville to Morgantown, as lies in the county of Todd.

Which bills were severally read the first time, and ordered to be read the
second time.

The constitutional rule as to the second reading being dispensed with, they
were referred; the 1st and 10th to the committee of Internal Improvement;
the 3d to the committee of Propositions and Grievances, and the others to
the committee on the Judiciary.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
bills from the House of Representatives of the following titles, viz:

An act for the benfit of Mary Hughes, an infant.

An act for the benefit of Ransom Lasswell, and others.

An act to authorize the Clerk of the Hancock County Court to amend
certain records in his office.

An act to repeal an act, entitled, on act for the benefit of William M.
Simmons, approved February 12th, 1838.

An act to authorize the sale of a house and lot belonging to the heirs
of Jacob Lyons, deceased, a man of color.

An act for the benefit of the heirs of Elijah Cummins, deceased—reported
the same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to incorporate the towns of
New Haven, Hodgenville and Big Spring, reported the same without amend¬
ment.

The said bill was amended and ordered to be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill, as amended, do pass, and that the title be
amended to read, an act to incorporate the towns of New Plaven and Hodg¬
enville.

JOURNAL OF THE SENATE.

235

Feb. 2.]

Mr Guthrie, from the same committee, to whom was referred bills from
the House of Representatives of the following titles, viz:

An act for the benefit of the infant heirs of Samuel Pottinger, deceased.

A n ac t to enlarge the powers of the trustees of Brandenburg, reported
the same with amendments—which were concurred in.

Ordered, That the said bills be read a third time, as amended.

The constitutional rule as to the third reading of the second bill being dis¬
pensed with,

Resolved, That the said bill, as amended, do pass, and that the title
thereof be as aforesaid.

Mr. Guthrie, from the same committee, to whom was referred a bill to
incorporate the Damascus Iron Manufacturing Company, in the county of
Greenup, reported the same with an amendment.

Mr. Pitts moved to lay the said bill and amendment on the table until
the first day of J une next.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. De Courcy and
Rice, were as follows, viz:

Those who voted in the affirmative were—

. Ballinger,

May,

Weller,

Barlow,

Morgan, J. S.

Wickliffe,

Bradshaw,

Pitts,

Willis,

Clarke,

Pratt,

Young, S.—14.

De Courcy,

Wallace,

Those

who voted in the negative

were—

;. Beatty,

Jasper,

Schooling,

Burnett,

Jesup,

Tomlinson,

Dixon,

Johnston,

Walker, C. J.

Ford,

Morgan, D.

Walker, J. V.

Guthrie,

Murrell,

Watkins,

Hanson,

Nuttall,

Young, A.—20.

Huston,

Rice,

The said bill and amendment were referred to the committee of Internal

Improvement.

Mr. Pratt, from the committee of Religion, to whom was referred bills
from the House of Representatives of the following titles, viz:

An act for the benefit of Eliza Jane Grider.

An act for the divorce of Nancy A. Grant—reported the same without
amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

536

JOURNAL OF THE SENATE.

[Feb. 2.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

Mr. Pratt, from the same committee, reported a bill to divorce Jeremiah
Delph.

Which was read the first time and ordered to be read a second time.

The constitutional rule as to the second and third readings of the said bill
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass and that the title thereof be as afore¬
said.

Mr. Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills which originated in the House of Rep¬
resentatives of the following titles, and had found the same truly enrolled,
viz:

An act for the benefit of the Madison Troop of Cavalry.

An act to provide for the extension of the Lexington, Nicholasville
and Danville turnpike road fi'om Danville, and to unite the same with the
Louisville, Bardstown and Springfield turnpike road, at Springfield.

The said bills being signed by the Speaker of the House of Representa¬
tives, the Speaker of .the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for his approba¬
tion and signature. After a short time Mr. Barlow reported that the com¬
mittee had performed that duty.

The amendments proposed by the House of Representatives to a bill from
the Senate, entitled, an act to prohibit unlawful dealings by corporations,
and the better to protect the currency, was referred to the committee on the
Judiciary.

1 he amendments proposed by the House of Reprssentatives to a bill from
the Senate, entitled, an act to change the time of holding the Green Circuit
Court, were twice read and disagreed to.

An engrossed bill, entitled, an act to amend an act to establish a System
of Common Schools in the State of Kentucky, was read the third time.

The question being taken on the passage thereof, it was decided in the
affirmative.

The yeas and nays being required thereon by Messrs. S. Young and De
Courcy, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
De Courcy,
Hanson,

Johnston,

May,

Morgan, D.
Morgan, J. S.
Nuttall,

Pratt,

Rice,

Walker, C. J.
Walker, J. V.
Wallace,

W eller,

Young, A.—18.

Feb. 2.]

JOURNAL OF THE SENATE.
Those who voted in the negative were-

Messrs. Barlow, Huston, Schooling,

Bradshaw, Jaspei, ^ at,uns,

Dixon, Jesup, \\ llhs,

p ort j Murrell, Young, b.—13.

Guthrie,

Resolved, That the title of the said bill be as aforesaid.

An engrossed bill, entitled, an act for the benefit of the Lexington and
Ohio Railroad Company, was read the third time.

The question being taken on the passage thereof, it -was decided in the
affirmative.

The yeas and nays being required thereon by Messrs. Willis and Nuttall,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger, Guthrie, Nuttall,

Beatty, Hanson, Pitts,

Burnett, May, Walker, J. V.

Clarke, Morgan, D. Watkins,

Davidson, Morgan, J. S. Weller,

Dixon, Murrell, Young, S.—IS.

Those who voted in the negative were—

Messrs. BarloAv, Jasper, Walker, C. J.

Bradshaw, Jesup, Wallace,

De Courcy, Johnston, Willis,

Ford, Pratt, Wingate,

Huston, Rice, Young, A.—17.

James, Schooling,

Resolved, That the title of the said bill be as aforesaid.

Engrossed bills of the following titles, were severally read the third time
viz:

An act to authorize the survey of a road from Hartford to Russellville.

An act to amend the charter of the Newport, Falmouth, Cynthiana,
Paris and Winchester turnpike road.

An act to change the name of Mary Roberts to the name of Mary Clif¬
ton.

An act for the benefit of Mary McBrayer, and her children.

An act to amend an act, entitled, an act to authorize the citizens of the
town of Columbus, in the county of Plickman, to elect their trustees, and for
other purposes, approved February 9th, 1S37.

An act to close up a part of a certain street in the town of Cadiz.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

23S

JOURNAL OF THE SENATE.

[Feb. 4 .

A IjiII further to provide for the internal improvement of the Common
wealth, was referred to the committee of the whole House, on the state of
the Commonwealth, and made the order of the day for Wednesday next.

, Bills from the House of Representatives of the following titles were read
the third time as amended, viz:

An act vesting the Trustees of the towns of Lebanon and Springfield

with power to cause certain streets of said towns to be McAdamized or
paved.

An act to establish a State road from the mouth of Salt river to Bow-
linggreen, through Grayson county.

, Rcsolved > That the said bills, as amended, do pass, and that the titles
tnereof be as aforesaid.

On the motion of Mr. C. J. Walker,

Resolved, That the committee on the Judiciary be instructed to inquire
into the expediency of passing a law to enable the Turnpike Road Com¬
panies of this Commonwealth to condemn land for toll houses, and to pro¬
vide adequate penalties for avoiding the tolls properly due at any turnpike
gate.

And then the Senate adjourned.

MONDAY, FEBRUARY 4, 1S39.

A message was received from the House of Representatives, announcing
the passage of bills of the following titles, viz:

1. An act to provide for the appointment of Attorneys for the Common¬
wealth.

2. An act to increase the powers of the trustees of the town of Columbia.

3. An act for the benefit of the heirs of Harmon A. Stiver.

4. An act to incorporate the town of Wyoming, in the county of Bath.

5. An act to authorize the trustees of the Brandenburg Academy to sell
and convey a certain lot.

6. An act to amend an act, entitled, an act to amend the road law in
Campbell and Bracken counties.

7. An act to change the names of Elizabeth Harris’ children.

8. An act to increase the pay of patrollers, in Fayette county.

9. An act changing the terms of the Fayette Circuit Court.

10. An act for the benefit of the heirs of John Carey, deceased.

pEIj _ 4 j JOURNAL OF THE SENATE. 239

11. An act to establish a State road from the town of Hickman, in Hick¬
man county, to Feliciana, in Graves county.

And that they had adopted a resolution fixing a day for the adjournment

of the Legislature.

The said bills were severally read the first time, and ordered to be read a

second time. ...... .

The constitutional rule as to the second reading being dispensed with,

the 1st 2d, 3d, 4th and 10th were referred to the committee on the Ju¬
diciary' the 5th to the committee on Education ; the 6th and llt.h to the
committee of Internal Improvement; the 7th to the committee of Propo¬
sitions and Grievances; the 8th to a committee of Messrs. Wickliffe, Dixon
Watkins, and the 9th was amended and ordered to be read a third time.

Mr. Wallace presented the petition ot Ihomas Carrico, piaying ior a di¬
vorce from his wife, Nancy Carrico.

Mr. Beatty presented the petition of the Stockholders in the Maysville
Insurance Company, praying for an amendment of their charter.

Which were received; the former was referred to the committee of Re¬
ligion, and the latter to the committee on the Judicial y.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red bills from the House of Representatives of the following titles, viz:

An act to provide for the investment and application of the Craddock

Fund.

An act for the benefit of the widow and heirs of Michael Chism—re¬
ported the same without amendment.

Ordered , That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with.
Resolved, That said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Guthrie, from the same committee, to whom was referred the amend¬
ments proposed by the House of Representatives to a bill from the Senate,
entitled, an act to prohibit unlawful dealing by corporations, and the better
to protect the currency reported the same with the opinion of the commit¬
tee that the said amendments ought to be concurred in.

The said amendments were then concurred in.

A message was received from the House of Representatives, announcing
that they had insisted on their amendments to a bill from the Senate, en¬
titled an act to change the time of holding the Green Circuit Court, and
had appointed a committee of conference thereon, and requesting the ap¬
pointment of a committee on the part of the Senate. The Senate insisted
on their disagreement to the said amendments, and Messrs. Willis and Mur¬
rell were appointed a committee of conference, on the part of the Senate.
Ordered, That Mr. Willis inform the House of Representatives thereof.

it,

JOURNAL OF THE SENATE.

[Feb. 4.

Mr. W illis, from the committee of Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled, an act to

establish the county of Breathitt, reported the same with amendments_

which were concurred in.

Mr. Watkins moved to amend the said bill by striking out the name of
‘ Breathitt,” wherever it occurs in the said bill, and leaving it a blank.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Willis and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,

Bradshaw,

Clarke,

Davidson,

Morgan, D.
Morgan, J. S.
Walker, C. J.
Watkins,

Weller,
Wickliffe,
Young, S.—11

Those who voted in the negative were-

Messrs. Barlow, Huston,

Beatty, James,

Burnett, Jasper,

De Courcy, Jesup,

Dixon, May,

Ford, Murrell,

Guthrie, Pitts,

Hanson, Pratt,

Rice,

Schooling,
Tomlinson,
Walker, J. V.
Wallace,

Willis,

Wingate,

Young, A.—24.

The question being taken on reading the said bill a third time, as amended,
it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ballinger and
Tomlinson, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow, Huston,

Beatty, James,

Bradshaw, Jasper,

Burnett, Jesup,

Clarke, May,

De Courcy, Morgan, D.

Dixon, Pitts,

Ford, Pratt,

Hanson, Rice,

Those who voted in the negative were-

Messrs. Ballinger, Morgan, J. S.

Davidson, Murrell,

Guthrie, Tomlinson,

Schooling,
Walker, C. J.
Walker, J. V.
Wallace,
Willis,
Wingate,
Young, A.
Young, S.—26,

Watkins,
Weller,
Wickliffe—9,

JOURNAL OF THE SENATE.

Ffb. 4.]

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill, as amended, do pass, and that the title
thereof be as aloresaid.

A bill from the House of Representatives, entitled, an act for the benefit
of the infant heirs of Samuel Fotlinger, deceased, was read the third time,
as amended.

Resolved, That the said bill, as amended, do pass, and that the title
thereof be as aforesaid.

A bill for the better confirmation of the estates of persons holding or
claiming under conveyances from married women, and under conveyances
not recorded in proper time, was laid on the table.

A resolution from the House of Representatives fixing a day for the ad¬
journment of the Legislature, was read as follows, viz:

Resolved by the General Assembly of the Commonwealth of Kentucky,
That when they adjourn on the 18th instant, they will adjourn without day.

Mr. Guthrie moved to refer the said resolution to the committee on the
Judiciary.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Barlow and Do
Courcy, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Davidson, James, teller,

De Courcy, May, Wicldiffe,

Guthrie, Morgan, J. S. Willis,

Hanson, Pratt, Wingate,

Huston. Watkins, Young, A.—15.

Schooling,
Tomlinson,
Walker, C. J
Walker, J. V.
Wallace—17.

242

JOURNAL OF THE SENATE.

[Feu. 4.

James,

May,

Morgan, J. S. •
Murrell,

Pratt,

Wallace,

Watkins,

Weller,

Wickliffe,
Willis,
Wingate,
Young, A.—21.

Those who voted in the negative were—

Messrs. Beatty,

Bradshaw,

Dixon,

Guthrie,

Jasper,
Jesup,
Morgan, D.
Rice,

Schooling,
Tomlinson,
Walker, C. J
Walker, J. V.—12

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred bills from the House of Representatives of the following titles,
viz:

An act to authorize a re-survey of so much of the State road leading
from Hopkinsville to Morgantown, as lies in the county of Todd.

An act to amend the several acts incorporating the Henderson, Madison-
ville and Hopkinsville Turnpike Road Company—reported the same without
amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Ballinger, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to locate and establish a road
from the mouth of Laurel to Daniel Bates’ furnace, in Clay county, reported
the same with the opinion of the committee that it ought not to pass.

The question being taken on reading the said bill a third time, it was
decided in the negative, and so the said bill was disagreed to.

The following bills were reported, viz:

By Mr Guthrie, from the committee on the Judiciary—1. A bill au¬
thorizing the condemnation of lands for toll houses.

By Mr. Willis, from the committee of Propositions and Grievances—2.
A bill to allow an additional Justice of the Peace and Constable for Wash¬
ington county.

3. A bill for the benefit of John Weeks, late Sheriff of Caldwell county.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with, the
1st was referred to the committee of Internal Improvement, and the Public
Printer directed to print 150 copies thereof for the use of the General As¬
sembly, and the 2d and 3d were ordered to be engrossed and read a third

JOURNAL OF THE SENATE.

245

Feb. 5.]

The constitutional rule as to the third reading of the third bill being dis¬
pensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Ballinger, the committee of Internel Improvement
was discharged from the further consideration of a resolution instructing
said committee to inquire into the expediency of improving the navigation
of Pond river, by putting under contract one lock and dam during the pres¬
ent year; and from the duty of preparing and bringing in a bill to make an
appropriation to improve the road from Cumberland river, by the way of
Albany, in Clinton county, to the Tennessee line, and particularly Grider’s
Hill, near John Grider’s ferry.

Mr. Ballinger moved that the committee of Internal Improvement be dis¬
charged from the further consideration of a resolution, moved by Mr. Beatty
on the 13th of December last, in relation to the road between Washington
and the mouth of Big Sandy.

And then the Senate adjourned.

TUESDAY, FEBRUARY 5, 1S39.

A message was received from the House of Representatives, announcing
the passage of bills of the following titles, viz:

An act to incorporate the Livingston Coal Mining Company.

An act to incorporate the Munfordsville Bridge Company.

An act to increase the capital stock in the Falmouth Bridge Company,
and for other purposes.

An act to incorporate the Paris Fire, Life, and Marine Insurance Com¬
pany.

An act for the benefit of the Clerks of the Henderson, Barren, Simpson
and Union Circuit and County courts.

An act to add a part of Pulaski to Russell county.

An act to declare Nolin a navigable stream to Combs’ mill.

An act for the divorce of Sarah McGinnis.

An act to establish a road from Harrodsburg, in Mercer county, to the
Delaney’s old road, in Anderson county.

An act to amend the several acts establishing a road from Taylorsville to
Jeffersontown.

JOURNAL OF THE SENATE.

An act to allow an additional Justice of the Peace in the counties of Pen¬
dleton and Warren.

An act to establish the town of Brooksville, in Bracken county.

An act to allow an additional Justice of the Peace in Carroll county.

An act for the relief of the widow and heirs of Robert S. Samuel.

An act for the divorce of James Helton.

And that they had adopted resolutions for a survey of the route of a rail¬
road from Lexington to the mouth of Big Sandy.

An act for the benefit of William P. Neal and others.

An act for the benefit of Abraham Kightly.

An act for the benefit of Andrew Orr and Caroline Orr.

An act to repeal all laws declaring Little river a navigable stream
above Alexander’s Ford, and for other purposes.

An act to extend the Constable’s district for the town of Salvisa, in
Mercer county.

An act for the benefit of Charles S. Gatewood, and others.

An act to allow an additional Justice of the Peace for Nelson county.

An act for the benefit of Elisha C. Hampton.

An act to repeal the law authorizing the County Court of Hardin to sell
the Poor House land.

An act to change the name of Jane Wright to that of Jane Dodd.

An act to establish the town of Frederick, in Barren county.

An act for the benefit of the estate of Lewis Fible.

An act to incorporate the Bank Lick Turnpike Road Company.

An act authorizing a survey of the road leading over Mount Scratchum,
and Old Landing hills, in Estill county.

An act to amend an act incorporating a company to turnpike the road
from Greensburg, by way of Columbia, Jamestown and Monticello, to the
Tennessee State line, in the direction of Knoxville.

An act for the divorce of Lucy Graves.

An act for the benefit of Ransom Lasswell, and others.

An act for the benefit of the heirs of Elijah Cummins, deceased.

An act to authorize the sale of a house and lot belonging to the heirs
of Jacob Lyons, deceased, a man of color.

Feb. 5.] JOURNAL OF THE SENATE.

An act for the benfit of Mary Hughes, an infant.

An act for the benefit of Eliza Jane Grider.

An act for the divorce of Nancy A. Grant.

An act to authorize the Clerk of the Hancock County Court to amend
certain records in his office.

An act to repeal an act, entitled, an act for the benefit of William M.
Simmons, approved February 12th, 1S3S.

The said bills being signed by the Speaker of the House of Representa¬
tives the Speaker of the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for his approba¬
tion and signature. After a short time Mr. Barlow reported that the com¬
mittee had performed that duty. ^

Mr. Willis presented the petition of sundry citizens of Green and Adair
counties, praying the passage of a law for running and re-marking the line
between said counties.

Mr. Guthrie presented the petition of sundry citizens, praying for the
passage of a law incorporating a company to make a turnpike road from
Louisville to the mouth of Harrod’s creek.

Which were received; the first was referred to the committee of Propo¬
sitions and Grievances, and the second to the committee of Internal Im¬
provement.

The Senate resumed the consideration of the motion oi Mr. Ballinger to
discharge the committee of Internal Improvement from the fuithei con¬
sideration of a resolution, moved by Mr. Beatty on the 13th ol Decembei,
in relation to surveying the road from Washington to the mouth of Big
Sandy.

Mr. Ballinger moved to lay the same on the table.

The question being taken thereon, it was decided in the affinnathe.

The yeas and nays being required thereon by Messrs. Beatty and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were-

Messrs. Ballinger,
Barlow,
Bradshaw,
Clarke,
Davidson,
De Courcy,
Ford,

Hanson,

James,

Johnston,

Pratt,

Tomlinson,

Walker, J. V.

Wallace,

Watkins,

Wicklifle,

Willis,

Wingate,
Young, S.—19.

Those who voted in the negative were—

Messrs. Beatty,
Burnett,
Dixon,

Guthrie,

Huston,

Jasper,

.Tesup,

May,

Morgan, D.

24G

[Feb. 5.

Schooling,
Walker, G. J.

Weller,
Young, A,

\ ■ g

Messrs. Barlow,
Beatty,
Burnett,
Dixon,
Ford,

Guthrie,

Huston,

James,

Jasper,

Jesup,

Murrell,

Rice,

Schooling,
Watkins,
Wingate— 15.

Mr. Ballinger, from the same committee, to whom was referred a bill to
incorporate the Jefferson Turnpike Company, reported the same with
amendments—which were concurred in.

Ordered, That the said hill be engrossed and read a third time.

Mr. Ballinger, from the same committee, to whom was referred a bill au¬
thorizing the Board of Public Works to cause to be constructed suitable
buildings lor the public offices, and for other purposes, reported the same
with amendments—which were concurred in.

The question being taken on engrossing the said bill and reading it a
third time, it was decided in the negative, and so the said bill was rejected.

Mr. Hanson, from the committee of Finance, to whom was referred the
amendments proposed by the House of Representatives to a bill from the
Senate, entitled, an act for the benefit of Anderson Dunn and Isaac Hem-

JOURNAL OF THE SENATE.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill to authorize the Southwestern Railroad Bank to establish
a branch in this State, and for other purposes, reported the same with
amendments.

Mr. Ballinger moved to refer the said bill and amendments to the com¬
mittee ol the whole House on the state of the Commonwealth, and make it
the order of the day for to-morrow.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Tomlinson and
Burnett, were as follows, viz:

Those who voted in the affirmative were—

Walker, J. Y.

Wallace,

Weller,

Wickliffe,

Willis,

Young, A.
Young, S.— 21.

Messrs. Ballinger,
Bradshaw,
Clarke,
Davidson,
De Courcy,
Hanson,
Johnston,

May,

Morgan, D.
Morgan, J. S.
Pitts,

Pratt,
Tomlinson,
Walker, C. J.

Those who voted in the negative were—

Mr, Hanson, from the committee of Finance, to whom was referred bills
from the House of Representatives of the following titles, viz:

An act for the benefit of James W. Bowers, jailer of Campbell county.

An act for the benefit of Mentor A. Shanks and Hannibal Abell.

An act for the benefit of William Herd, reported the same without amend¬
ment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Hanson, from the same committee, to whom was referred a bill to
amend an act concerning the town of Bowlinggreen, reported the same with
the opinion of the committee that it ought not to pass.

The question being taken on engrossing and reading the said bill a third
time, it was decided in the negative, and so the said bill was rejected.

Mr. Hanson, from the same committee, to whom was referred the petition
of James McCauley, praying for the passage of a law authorizing him to
peddle goods, &c., and to retail spirituous liquors any where in this Com¬
monwealth without license, reported the following resolution thereon, viz:

Resolved, That the said petition be rejected.

Mr. Jesup moved to recommit the said petition to the same committee,
with instructions to report a bill authorizing the said McCauley to peddle
goods without license.

The question being taken thereon, it was decided in the negative, and
the said resolution was concurred in.

Mr. Beatty, from the committee on Education, to whom was referred a
bill from the House of Representatives, entitled, an act to authorize the trus¬
tees of the Brandenburg Academy to sell and convey a certain lot, reported

248 JOURNAL OF THE SENATE. [Feb. 6.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Davidson, from the committee on Military Affairs, to whom was re¬
ferred a bill from the House of Representatives, entitled, an act for the
benefit of the heirs and representatives of Robert Branham and John Sam¬
uel, reported the same without amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red a bill from the House of Representatives, entitled, an act to establish
the Southern Bank of Kentucky, reported the same with amendments.

And then the Senate adjourned.

WEDNESDAY, FEBRUARY 6, 1839.

A message was received from the House of Representatives, announcing
that they had passed bills of the following titles, viz:

An act to authorize the establishment of roads to Coal and Iron Banks.
An act to incorporate the Hickman Turnpike Road Company.

An act for the benefit of Ambrose Wickersham.

An act for the divorce of Hugh Lane.

An act for the divorce of Eliza H. Bush.

An act for the divorce of Washington Sherer
An act for the divorce of Margaret M. Pulliam.

An act for the divorce of Nancy T. Sanders.

An act for the divorce of Joseph Shropshire.

An act for the divorce of Matilda Jones.

An act for the divorce of John M. Emerson, Jr.

Mr. Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills which originated in the Senate, of the
following titles, and had found the same truly enrolled, viz:

An act for the benefit of the estate of Leonard Hamilton, deceased.

An act further regulating the duties of Clerks of Circuit Courts.

An act for the benefit of George H. Clements, and others.

JOURNAL OF THE SENATE.

Feb. 6.]

An act to amend the law regulating the mode of settling the accounts of
executors, administrators and guardians, approved February 24, 1834.

' An act to amend the charter of the city of Maysville.

An act to alter the time of holding the Chancery Court, in the county of
Madison, and for other purposes.

An act the better and more effectually to protect the rights of reversion¬
ary legatees. , ,

An act to establish the town of Lovelaceville, in the county of Mc¬
Cracken.

An act for the benefit of the heirs of John G. Evans, and the heirs ot
James Wilson.

An act to amend an act, entitled, an act to incorporate the town of Al¬
bany, in Clinton county, and Ballardsville, in Oldham county, approved Jan.
27th, 1838.

An act providing for a change of venue from the Greenup Ciicuit Couit
to the Morgan Circuit Court, in the case of John C. Ball, and others.

An act to amend an act, entitled, an act to establish the Louisville Chan-

JOURNAL OF THE SENATE.

bation and signature. After a short time Mr. Barlow reported that the
committee had performed that duty.

Mr. Ballinger presented the petition of Elisha Stephens, guardian of the
infant legatees of Uriah Parks, deceased, and others, praying lor the pas¬
sage of a law authorizing a sale of a tract of land, devised to his said wards.

Also the petition of sundry citizens of the town of Barboursville, praying
for the passage of a law authorizing the trustees of said town to levy an
additional tax for the improvement of said town.

Which were received and referred to the committee on the Judiciary.

Bills from the House of Representatives of the following titles were read
the first time and ordered to be read a second time, viz:

An act for the divorce of Hugh Lane.

An act to increase the capital stock of the Falmouth Bridge Company,
and for other purposes.

The constitutional rule as to the second reading being dispensed with, the
former bill was referred to the committee of Religion, and the latter to the
committee of Internal Improvement.

A bill from the House of Representatives, entitled, an act for the benefit
of the Clerks of the Henderson, Barren, Simpson and Union Circuit and
County Courts, was read the first time and ordered to be read a second time.

The constitutional rule as to the second reading of the said bill being dis¬
pensed with, it was amended and ordered to be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill, as amended, do pass, and that the title be
amended by inserting “Logan,” after “Simpson.”

The Senate resumed the consideration of a bill from the House of Rep¬
resentatives, entitled, an act to establish the Southern Bank of Kentucky.

Mr. Wickliffe moved that the amendments reported from the committee
on the Judiciary be printed.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Wicklifle and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger, May, Tomlinson,

Bradshaw, Morgan, L). Walker, C. J.

Clarice, Morgan, J. S. Wallace,

Davidson, Nuttall, Wickliffe—14.

De Courcy, Schooling,

Those who voted in the negative were—

Messrs. Barlow, Dixon, Hanson,

Beatty, Ford, Huston,

Burnett, Guthrie, James,

JOURNAL OF THE SENATE.

Willis,
Wingate,
Young, A
Young, S.

Pratt,

Rice,

Walker, J. V

Watkins,

Weller,

Jasper,

Jesup,

Johnston
Murrell,

Pitts,

of the said amendments were concurred in.
of the eleventh section of the said bill reads as
■esident and directors of the principal Bank shal
branches south of Green river.”

s amendments reported from the committee
strike out the word “three,” printed in italics,

Some
i A part i
“The pr
than three
One of the
proposes to s
lieu thereof “four.”

The question being taken on concurring in the said amendment, it was

decided in the affirmative. ,

The yeas and nays being required thereon by Messrs. \V lcklifle and
Watkins, were as follows, viz:

Those who voted in the affirmative were

James,

Jasper,

Jesup,

Johnston,

May,

Morgan, D.

Morgan, J. S.

Murrell,

Nuttall,

Pitts,

Pratt,

Rice,

Schooling,

Walker,

W allace,

Watkins,

Weller,

Wingate,

Young, S.

Messrs. Barlow,

Beatty,

Bradshaw,

Burnett,

De Gpurcy,

Dixon,

Ford,

Guthrie,

Hanson,

Huston,

Those who voted in the negative were

Messrs. Clarke, Tomlinson,

Davidson,

One of the said amendments proposes to add to the said bill the follow¬
ing section, viz:

Sec. 47. That the President and Directors of the Southern Bank of Ken¬
tucky shall locate the principal Bank within the district composed of the
counties of Livingston, Caldwell, Trigg, Christian, 1 odd, Logan, Butler,
Edmondson, Warren, Allen, Simpson, Monroe, Barren and Hart; and they
shall locate one branch of said Bank within the same distiict, but said
branch shall not be located at either of the places where a branch of the
Bank of Kentucky is established. They shall also locate a branch ot said

Wickliffe—4.

252 JOURNAL OF THE SENATE. [Feb. 6.

laski, Rockcastle, Whitley and Wayne, ancl a branch in a district composed
of the counties of Hardin, Meade, Breckinridge, Grayson, Hancock, Ohio
and Daviess. The sixth branch, on the north of Green river, they shall be
under no obligation to locate; and may locate and establish the same at such
time and place as they may deem most advantageous to the institution :
[after the location and establishment of the principal Bank, they shall locate
and establish branches, first in the districts where the most stock may have
been subscribed, and so proceed as that the district which subscribes the
least stock, shall be the last to have a branch.]

Mr. J. V. Walker moved to amend the said amendment so as to locate
the principal Bank at Russellville.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Walker and Weller,
were as follows, viz:

Those who voted in the affirmative were-

Messrs. Ballinger,
Clarke,
Davidson,
James,

May,

Morgan, J. S.

Nuttall,

Pratt,

Rice,

Walker, C. J.
Walker, J. V.

Wallace,
Weller,
Wickliffe,
Willis,
Young, A.-

-16.

Those who voted in the negative were—

Messrs. Barlow,
Beatty,
Bradshaw,
Burnett,

De Courcy,

Dixon,

Ford,

Guthrie,

Hanson,

Huston,

Jasper,

Jesup,

Johnston,

Morgan, D.

Murrell,

Pitts,

Schooling,
Tomlinson,
Watkins,
Wingate,
Young, S.—21.

Mr. James moved to amend the said amendment by striking out the words
“said branch shall not,” printed in italics, and to insert in lieu thereof the
v r ords “neither the mother Bank nor the said branch shall.”

The question being taken on the adoption of the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. James and Willis,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Barlow,

- Clarke,
Davidson,
De Courcy,
James,
Jasper,

May,

Morgan, D.
Morgan, J. S.
Murrell,
Nuttall,
Tomlinson,
Walker, C. Jj

Walker, J. V.

Wallace,

Weller,

Wickliffe,

Willis,

Wingate,

Young, A.—21.

JOURNAL OF THE SENATE.

Those who voted in the negative were

Pitts,
Schooling,
Watkins,
Young, S,

Guthrie,

Hanson,

Huston,

Jesup,

Johnston

Messrs. Beatty,

Bradshaw,

Burnett,

Dixon,

Ford,

Mr. James moved further to arnena ine saia arneaumei
all after the words “advantageous to the institution,” prim
The question being taken thereon, it was decided in th
The yeas and nays being required thereon by Messrs. Ja
were as follows, viz:

Those who voted in the affirmative were-

James,

Johnston,

May,

Morgan, D.

Morgan, J. S.

Rice,

Tomlinson,

Walker, C. J.

Those who voted in the negative were—

Messrs. Beatty, Huston,

Davidson, Jasper,

Ford, Jesup,

Guthrie, Murrell,

Mr. Wickliffe moved further to amend the said amendment by adding
thereto the following, viz:

“But it shall not be lawful for the President and Directors of said Bank to
establish any branch Bank north of Green river, where a Bank or branch is
aow established.”

And then the Senate adjourned.

Walker, J. Y
Wallace,
Weller,
Wickliffe,
Willis,
Wingate,
Young, A.
Young, A.—

Messrs. Ballinger,
Barlow,
Bradshaw,
Burnett,
Clarke,

De Courcy,

Dixon,

Hanson,

Nuttall,
Pitts,
Schooling,
Watkins—

251

JOURNAL OF THE SENATE.

THURSDAY, FEBRUARY 7, 1839.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments proposed by the Senate to the
amendments proposed by that House to bills from the Senate of the follow¬
ing titles, with amendments, viz.

An act for the benefit of the Clerks and Sheriffs of this Commonwealth.

An act to amend the several acts concerning the towns of Paris and
Elizabethtown.

That they had concurred in the amendments proposed by the Senate to
bills from that House of the following titles, viz:

An act authorizing a toll gate to be erected betw r een Stanford and the
Hanging Fork, in Lincoln county.

An act to establish the county of Breathitt.

That they had disagreed to a bill from the Senate, entitled, an act for the
benefit of John Hollingsworth.

That they had adopted a resolution from the Senate, fixing a day for the
election of public officers.

That they had passed bills from the Senate of the following titles, viz:

An act authorizing a fund to be raised by lottery for the endowment of a
male and female Academy in the town of Paducah, and for other purposes.

An act to authorize the city of Lexington to borrow money for certain
purposes.

An act for the benefit of the Sheriffs of Spencer and Breckinridge coun¬
ties.

An act for the relief of the Sheriff of Logan county.

An act to amend an act concerning the town of Hardinsburg.

An act to establish an election precinct in the town of Lovelaceville, i£
McCracken county.

An act to allow an additional Justice of the Peace to Green county.

An act to change the name of Mary Roberts to the name of Mary Clif¬
ton.

An act to close up a part of a certain street in the town of Cadiz.

An act for the divorce of Jeremiah Delph.

And that they had passed bills of the following titles, viz:

An act for the benefit of William Vice.

An act for the benefit of the Sheriff of Livingston county.

An act for the divorce of Mary Ann Sammons.

An act for the divorce of Maria K. Vance.

JOURNAL OF THE SENATE.

255

Ffb. 7.]

An act appointing trustees of the Lebanon Academy, in Todd county.

An act to incorporate the Newton Society of Bacon College.

An act for the benefit of John G. Scrogin, surveyor of Bourbon county,
An act for the benefit of Thomas Groper, James Southard and William

Su£r°\

An act for the benefit of Dawson Elliott, of Madison county.

An act for the benefit of James E. Stone, Clerk of the Hancock County

Court.

An act for the benefit of the Sheriff of Montgomery county.

An act for the benefit of Thomas Sweeney.

An act for the benefit of the Sheriff of Jefferson county.

Mr. Johnston presented the petition of the citizens of Clay village, pray¬
ing for an act to regulate said town, which was received and referred to the
committee on the Judiciary.

Mr. WicklifTe, from the committee to whom was referred a bill from the
House of Representatives, entitled, an act to increase the pay of patrollers
in Fayette county, reported the same with an amendment—which was con¬
curred in.

Ordered, That the said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill, as amended, do pass, and that the title
be amended to read, an act to increase the pay of patrollers in the comities
of Fayette, Henderson and Brackinridge.

Mr. Hanson, from the committee of Finance, reported a bill for the bene¬
fit of the late and present Sheriffs of Washington county.

Which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of the said bill
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Hanson—1. A bill for the benefit of James Doyle’s
legal representatives.

On the motion of Mr. James—2. A bill to authorize the recording of
certain deeds in the Clerk’s office of the Hickman County Court, and for

other purposes.

On the motion of Mr. Huston—3. A bill for the benefit of the Clerks of
the Bullitt, Lawrence and Pike Circuit Courts.

On the motion of Mr. Barlow—4. A bill for the benefit of Rice Marcy,
Clerk of the Clinton Circuit and County Courts.

On the motion of Mr. Rice—5. A bill to encourage the manufacture ol
railroad iron in this Commonwealth.

256 JOURNAL OF THE SENATE. [Feb. S.

The committee on the Judiciary was directed to prepare and bring in the
1st, 2d and 5th, and the committee of Finance the 3d and 4th.

The Senate resumed the consideration of a bill from the House of Rep.
resentatives, entitled, an act to establish the Southern Bank ol Kentucky.

The amendment, offered by Mr. Wickliffe on yesterday, was discussed for
some time.

And then the Senate adjourned.

FRIDAY, FEBRUARY S, 1S39.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments proposed by the Senate to a bill
from that House, entitled, an act for the benefit of the Clerks of the Hen.
derson, Barren, Simpson and Union Circuit and County Courts.

That they had passed a bill from the Senate, entitled, an act to reduce into
one the several acts in relation to the town of Frankfort, with amendments.

And that they had passed a bill, entitled, an act to prohibit the County
Courts of Floyd, Morgan, &c., to change the State road.

1. Mr. Guthrie presented the petition of A. B. Tomlinson, praying for
compensation for conveying a lunatic to the Lunatic Asylum.

2. Mr. De Courcy presented the petition of Elizabeth Iligby, praying for
a divorce from her husband.

3. Mr. Ballinger presented the petition of sundry citizens of Clay county,
praying that Bullskin creek may be declared a navigable stream.

Which were received and referred; the 1st to the committee of Finance;
the 2d to the committee of Religion, and the 3d to the committee of Inter¬
nal Improvement.

The following bills were reported, viz:

By Mr. Hanson, from the committee of Finance—1. A bill to enforce a
uniform valuation of taxable property.

By Mr. Guthrie, from the committee on the Judiciary—2. A bill to amend
the charter of the Maysville Insurance Company.

Which were read the first time and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with, the
1st was referred to the committee of Finance and the Puplic Printer di¬
rected to print 150 copies thereof for the use of the General Assembly,
and the 2d was ordered to be engrossed and read a third time.

„ JOURNAL OF THE SENATE. 257

Feb. o.J

Mr Ballinger, from tiro committee of Internal Improvement, to whom
Mi. Tallin , the Houge of Representatives, entitled, an act to

waS refe 5 - tal stock in the Falmouth Bridge Company, and for other

"^h“»me with an amendment—-which wee concurred ,n.

Ordered ThaUhe said ^ J» e ^ *eld“n g bring dispensed with,
SfcTlr^hU,, an amended, do pare, and that the title

thereof be as aforesaid. ;

t oc rrivpn to bring-in the following bills, viz.

On'the'motion of Mr. Wickliffe-1. A bill for the appropriation of the

- “ -

for the benefit of the Sheriff of

Hickman county. . . .

,, wickliffe Pratt and Davidson were appointed a committee to

Messrs. M ickhtte, i rat a pord M and Jaraes the 2d , and the

prepare and bring in the 1st, - - . , oj

committee of Finance was directed to prepare and bung m 3d.

nTJel Finance he directed to inquire into the

exfed^y'ofWing an additional allowance to Jailem for keeping per-
sons in jail on a charge of felony, and that they have leave to report by bill

“^'Ikrlow, from the committee of Enrollments, reported that the com-
mitlee had examined enrolled bills which originated m the Senate, of th
,,, - nfT titles and had found the same truly enrolled, viz.

° An act authorizing a fund to be raised by lottery for the endowment of a
i A female Academy in the town of Paducah, and for other purposes,
"t act rluthoSe "Z city of Lexington ,» borrow money for certain

P "Tact to allow an additional Justice of the Peace to Green county

An act to change the name of Mary Roberts to the name of Mary Chf-

10 An act to amend an act concerning the town of Hardinsburg.

An act for the divorce of Jeremiah Delph. ...

An act to establish an election precinct in the town o. Lovelaceville, in

M mne fi t of the Sheriffs of Spencer and Breckinridge conn-

tlGS

An act for the relief of the Sheriff of Logan county.

An act to close up a part of a certain street m the town of Cadiz.

JOURNAL OF THE SENATE.

35S

[Fed. i.

And bills which originated in the House of Representatives of the follow¬
ing titles, viz:

An act to establish the county of Breathitt.

An act for the benefit of James W. Bowers, jailer of Campbell county.
An act authorizing a toll gate to be erected between Stanford and the
Hanging Fork, in Lincoln county, and between the Anderson line and a
point five miles towards Harrodsburg,

An act for the benefit of William Herd.

An act to authorize the trustees of the Brandenburg Academy to sell
and convey a certain lot.

An act for the benefit of Mentor A. Shanks and Hannibal Abelf.

An act for the benefit of the heirs and representatives of Robert Bran¬
ham and John Samuel.

An act to provide for the permanent investment and application of the
Craddock Fund.

An act to authorize a re-survey of so much of the State road leading
from Hopkinsville to Morgantown, as lies in the county of Todd.

An act foi the benefit of the widow and heirs of Michael Chism.

An act to amend the several acts incorporating the Henderson, Madison'-
ville and Hopkinsville Turnpike Road Company.

Resolutions from the House of Representatives for a survey of the route
of a lailioad from Lexington to the mouth of Big Sandy, were twice read
and referred to the committee of Internal Improvement.

Bills from the House of Representatives of the following titles, were
severally read the first time, viz:

1. An act to incorporate the Livingston Coal Mining Company.

2. An act to incorporate the Munfordsville Bridge Company.

3. An act to incorporate the Paris Fire, Life, and Marine Insurance Com¬
pany.

4. An act to add a part of Pulaski to Russell county.

5. An act to declare Nolin a navigable stream to Combs’ mill.

6. An act for the divorce of Sarah McGinnis.

7. An act to establish a road from Harrodsburg, in Mercer county, to the
Delaney’s old road, in Anderson count}'.

8. An act to amend the several acts establishing a road from Taylorsville
to Jeffersontown.

JOURNAL OF THE SENATE.

259

Feb. S.]

9 An act to allow an additional Justice of the Peace in the counties of

« act^ to^es tabhsh the town of Brooksville, in Bracken county.

11 ’ An act to allow an additional Justice of the Peace m Carroll county.
12 An act for the relief of the widow and -heirs of Robert S. Samuel.

S An act for the divorce of James Iielton.

14 An act to authorize the establishment of roads to Coal and Iron

Ba it S An act to incorporate the Hickman Turnpike Road Company.

16 An act for the benefit ol Ambrose Wickeisham.

17. An act for the divorce of Eliza H. Bush.

18. An act for the divorce of Washington Sherer

19. An act for the divorce of Margaret M. Pulliam.

20. An act for the divorce of Nancy T. Sanders.

21. An act for the divorce of Joseph Shropshire.

22. An act for the divorce of Matilda Jones.

23. An act for the divorce of John M. Emerson.

24. An act for the benefit of William Vice.

25. An act for the benefit of the Sheriff of Livingston county.

26. An act for the divorce of Mary Ann Summers.

27. An act for the divorce of Maria K. A ance.

An act appointing trustees of the Lebanon Academy, in Todd county.
An act to incorporate the Newton Society of Bacon College.

30. An act for the benefit of John G. Scrogin, surveyor of Bourbon

county.

31. An act for the benefit of Thomas Croper, James Southard and Wm.

28.

29.

Sugg

32. An act for the benefit of Dawson Elliott, of Madison county.

33. An act for the benefit of James E. Stone, Clerk of the Hancock County

Court.

34. An act for the benefit of the Sheriff of Montgomery county,

35. An act for the benefit of Thomas Sweeney.

36. An act for the benefit of the Sheriff of Jefferson county.

Ordered, That the said bills be read a second time.

The constitutional rule as to the second reading being dispensed with,
they were referred; the 1st, 2d, 5th, 7th, 8 th, 14th, 15th and 16th to the
committee of Internal Improvement; the 3d, 10th, 12th and 31st to the
committee on the Judiciary; the 4th, 9th and 11th to the committee of
Propositions and Grievances; the 6 th, 13th, 17th, 18th, 19th, 20th, 21st,
22d, 23d, 26th and 27th, to the committee of Religion; the 24th, 25th,
30th, 33d, 34th, 35th and 36tb to the committee of Finance ; the 28th apd,

560 JOURNAL OF TIIE SENATE. [Feb. 9

29th to the committee on Education, and the 32d to the committee on
Military Affairs.

The Senate resumed the consideration of a bill from the House of Rep¬
resentatives, entitled, an act to establish the Southern Bank ol Kentucky,
The amendment, offered by Mr. Wiokliffe was further discussed,

And then the Senate adjourned,

SATURDAY, FEBRUARY 9, 1839.

A message was received from the House of Representatives, announcing
that they had passed a bill from the Senate, entitled, an act establishing the
office of Comptroller of the Treasury, and for other purposes, with amend¬
ments.

And that they had passed bills of the following titles, viz:

An act to change the time of holding the Harlan, Perry, Breathitt and
Clay Circuit Courts.

An act requiring a special County Court to be held in Shelby county, for
the purpose of swearing in deputy Sheriffs.

An act to change the place of voting in the Scaffle Cane precinct, in
Rockcastle county.

Mr. Hanson, from the committee of Finance, reported a bill for the bene¬
fit of the Clerks of Clinton, Adair and Cumberland counties.

Which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second and third readings of the said bill
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Beatty, leave was given to bring in a bill to repeal,
in part, an act to change the bounds of the seventh division of the Ken¬
tucky militia, and for other purposes, and the committee on Military Affairs
was directed to prepare and bring in the same.

Two messages, in writing, were received from the Governor by Mr. Bul¬
lock, Secretary of State.

JOURNAL OF THE SENATE.

Fkb. y.j

An act to authorize Samuel Arnett to qualify as high Sheriff of Nicholas

county. Approved January 30, 1S39.

„ . , the Sheriffs of Casey and Pulaski counties.

An act giving" Sheriffs further time to return their delinquent list of reve-

Sh 'f of °T" C ° Unly '

a t fnr the divorce of Sarah Jane Phelps.

An act !o incorporate the Mount Vernon Academy, in Chmt.an county.

. fm . , 1 ^ benefit of the Spencer county Seminary.
t act giving Harris W. Thompson, late deputy Sheriff of Greenup conn-
ty, further” time to return his delinquent list of muster Ones.

’ An act for the benefit of the Lunatic Asylum.

An act for the benefit of Mason W. Sherrill.

An act to authorize a sale of the Seminary lands of Wayne county.

Approved February 1, lo3J.

An act to prohibit unlawful dealing by corporations, and the better to

P1 A^acMoTncorporate the Louisville Law Library Company.

An act for the benefit of Edward McCoy and William Crabtree.

An act for the benefit of Margarette B. White

An act for the benefit of the heirs of Ruth and Polly Pointer.

An act for the benefit of Joseph Dawson.

An act for the benefit of the heirs of Francis Blaydes deceased.

An act to provide for rebinding certain record books of the Shelby Coun y

C Tu act to ameud au act incorporating the Stockholders of the Merchants'
Louisville Insurance Company.

An act to repeal the 10th section of an act to incorporate Fne Com¬
pany in the town of Cynthiana, and for other purposes, approved Jan y

2 \n S a 3 c S t'to amend an act to provide against compounding penal prosecu-

'I*” - -«- ° f

^An'act toarnen^an^actfen titled,. an act to establish the Louisville Chan-

Cei In C act moviding for a change of venue from the Greenup Circuit Court
to the Morgan Circuit Court, in the case of John C. Ball, and others.

An act to amend an act, entitled, an act to incorporate the town of A
bany, in Clinton county, and Ballardsville, in Oldham county, approved .Tan.

27th, 1838.

263 JOURNAL OP THE SENATE. [Feb. 9

An act for the benefit of the heirs of John G. Evans, and the heirs of
James Wilson.

An act the better and more effectually to protect the rights of reversion¬
ary legatees.

An act to establish the town of Lovelaceville, in the county of Mc¬
Cracken.

An act to amend the charter of the city' - of Maysville.

An act to alter the time of holding the Chancery Court, in the county of
Madison, and for other purposes.

An act for the benefit of George II. Clements, and others.

An act to amend the law regulating the mode of settling the accounts of
executors, administrators' and guardians, approved February 24, 1S34.

An act for the benefit of the estate of Leonard Hamilton, deceased.

An act further regulating the duties of Clerks of Circuit Courts.

An act authorizing a fund to be raised by lottery, for the endowment of a
Male and Female Academy, in the town of Paducah, and for other purpbses.

An act to authorize the city of Lexington to borrow money for certain
purposes.

An act to allow an additional Justice of the Peace to Green county.

An act to change the name of Mary Roberts to the name of Mary Clifton.

An act for the benefit of the Sheriffs of Spencer and Breckinridge coun¬
ties.

An act to amend an act concerning the town of Hardinsbure.

An act to divorce Jeremiah Delph.

An act to establish an election precinct in the town of Lovelaceville, in
McCracken county.

An act for the relief of the Sheriff of Logan county.

An act to close up part of a certain street in the town of Cadiz.

Approved February 8 , 1839.

Leave was given to bring in the following bills, viz:

On the motion of Mr. Rice—*1. A bill to authorize Coroners to convey
land sold by their deceased predecessors under executions.

On the motion of Mr. Ballinger—2. A bill for the benefit of Elhannon
Murphy.

The committee on the Judiciary was directed to prepare and bring in the
former, and the committee on Military Affairs the latter.

The Senate resumed the consideration of a bill from the House of Rep¬
resentatives, entitled, an act to establish the Southern Bank of Kentucky.

1 he question being taken on the adoption of the amendment offered by
Mr. Wickliffe, it tvas decided in the negative.

The yeas and nays being required thereon by Messrs. Willis and Weller,
were as follows, viz:

Those who voted in the negative were—

MONDAY, FEBRUARY 11, 1839.

A message was received from the House of Representatives, announcing
that they had passed bills which originated in the Senate of the following
titles, viz:

An act to authorize a change of venue in the trial of John S. Lasley.

An act to amend an act dispensing with quarterly and substituting month¬
ly statements, and providing for monthly balance sheets, to be lodged with
the Secretary of State, by the Banks of the Commonwealth.

An act to appoint trustees for the town of Summersville.

An act for the benefit of Rebecca Evans.

An act to repeal so much of the 79th section of the militia law as requires
the militiamen to carry guns to muster.

An act for the benefit of William Spratt, and others.

That they had passed bills of the following titles, viz:

An act for the benefit of James Newton.

An act for the benefit of James W. Finnic.

An act for the benefit of Fountain Cunningham.

An act for the benefit of George W. Williams.

An act to authorize the Union County Court to change the location of

Feb. 11.]

JOURNAL OF THE SENATE.
Those who voted in the affirmative were—

263

Messrs. Ballinger,
Clarke,
Davidson,
De Courcy,
May,

Morgan, J. S.
Rice,

Schooling,
Tomlinson,
Walker, C. J.

Wallace,
Weller,
Wickliffe,
Willis—14.

Pitts,

Pratt,

Walker, J. V.
Watkins,
Wingate,
Young, A.—20.

And then the Senate adjourned.

Messrs. Barlow,
Beatty,
Bradshaw,
Burnett,
Dixon,
Ford,
Guthrie,

Hanson,

Huston,

Jasper,

Jesup,

Johnston,

Murrell,

Nuttall,

264 JOURNAL OF THE SENATE. [Feb. 11.

that part of the State road, leading from the mouth of Salt river to the Ohio,
opposite Shawneetown, within the county ol Union.

An act to establish an election precinct in Christian county.

An act to amend an act, entitled, an act to incorp.ora.te the Jefl'eison Pond
Draining Company, and Rough creelo Manufacturing Company.

An act to amend the law in relation to the public highways, in Mason
county.

An act to abolish the election precinct at Peter Miller’s, on Knob creek,
in Bullitt county.

An act for the benefit of Joseph McDowell.

That they had received official information that the Governor had ap¬
proved, and signed enrolled bills which originated in that House of the fol¬
lowing titles, viz:

An act authorizing a change of venue in the case ol the Common¬
wealth against Edward C. Wilkinson, Benjamin K. Wilkinson, and John
Murdough.

An act to extend the powers of the trustees of the town of Burksville.

An act to establish the town of Rochester.

An act to provide a standard of weights and measures for the several
counties of this State.

An act in relation to the roads in Clay, Knox, Laurel, Whitley, Ilailan
and Perry counties.

An act for the divorce of Adam R. Walker.

An act allowing two additional Justices of the Peace to Oldham county.

An act further to enforce the payment of State dividends declared by
certain incorporated companies, and for other purposes.

An act to amend the charter of St. Joseph’s College.

An act to amend the charter of Centre College.

An act to amend an act, entitled, an act to amend an act incorporating
the town of Steamport, in the county of Henderson.

An act to change a part of the State road from Brandenburg to Bow-
linggreen.

An act for the benefit of Maria Waller, an idiot.

An act for the benefit of John Griffith, guardian of the heirs of John
Conway, Jr., deceased.

An act to repeal an act, entitled, an act to incorporate the town of
West Point, and for other purposes.

An act for the benefit of Charity Taylor.

An act for the benefit of Matthew Elder.

An act for the benefit of the Clerk ol the Scott Circuit Court.

An act to change the bounds of the seventh division of the Kentucky

militia, and for other purposes.

Feb u j JOURNAL OF THE SENATE. 265

An act for the benefit of the Sheriffs of Estill and Pendleton counties.

An act to change the place of voting in the Stamping Ground precinct,

in Scott county.

An act for the benefit of the Sheriff of Madison county.

An act for the benefit of the estate of Edmund Ilall, deceased.

An act for the benefit of the mechanics of Maysville.

An act to change the venue in the case of John D. Perkins.

An act to incorporate the trustees of Rock Spring Church.

An act in relation to the registration of mortgages and deeds of trust.

An act for the benefit of Nancy Collins. _

An act to change the place of voting in an election precinct in Cum¬
berland county.

An act altering a Constable’s district in Wayne county.

An act to change the name of Green Ruby to that ol Gieen Kerley.

Approved February 1, 1839.

An act for the benefit of the Madison Troop ol Cavahyr
An act to provide for the extension of the Lexington, Nicholasville
and Danville turnpike road from Danville, and to unite the same with the
Louisville, Bardstown and Springfield turnpike road, at Springfield.

Approved February 2, 1S39.

An act to allow an additional Justice of the Peace for Nelson county.

An act for the benefit of Elisha C. Hampton.

An act to change the name of Jane Wright to that of Jane Dodd.

An act to repeal the law authorizing the County Court of Hardin to sell
the Poor House land.

An act for the benefit of the estate of Lewis Fible.

An act to establish the town of Frederick, in Barren county.

An act to incorporate the Bank Lick Turnpike Road Company.

An act to amend an act incorporating a company to turnpike the road
from Greensburg, by way of Columbia, Jamestown and Monticello, to the
Tennessee State line, in the direction of Knoxville.

An act authorizing a survey of the road leading o\ei iMount Sciatchum,
and Old Landing hills, in Estill county.

An act for the benefit ol the heirs of Elijah Cummins, deceased.

An act for the benefit of Ransom Lasswell, and others.

An act for the benfit of Mary Hughes, an infant.

An act to authorize the sale of a house and lot belonging to the heirs
of Jacob Lyons, deceased, a man of color.

An act for the benefit of Eliza Jane Grider.

An act for the divorce of Nancy A. Grant.

An act to authorize the Clerk of the Hancock County Court to amend

certain records in his office.

JOURNAL OF THE SENATE.

[Feb. 11.

An act to repeal an act, entitled, an act for the benefit of William M.
Simmons, approved February 12th, 1S38.

An act to repeal the fourth section ol an act, entitled, an act to establish
a State road from Flynn’s old ferry across the Ohio river, in the county of
Livingston, to Princeton, in Caldwell county, and for other purposes, ap¬
proved 25th February, 1836.

An act for the divorce of Lucy Graves.

An act for the benefit of Abraham Ivightly.

An act for the benefit of William P. Neal and others.

An act to repeal all laws declaring Little river a navigable stream
above Alexander’s Ford, and for other purposes.

An act for the benefit of Andrew Orr and Caroline Orr.

An act for the benefit of Charles S. Gatewood, and others.

An act to extend the Constable’s district for the town of Salvisa, in
Mercer county. Approved February 6, 1S39.

An act to establish the county of Breathitt.

An act to authorize a re-survey of so much of the State road leading
from Hopkinsville to Morgantown, as lies in the county of Todd.

An act to provide for the permanent investment and application of the
Craddock Fund.

An act for the benefit of the heirs and representatives of Robert Bran¬
ham and John Samuel.

An act for the benefit of Mentor A. Shanks and Hannibal Abell.

An act to authorize the trustees of the Brandenburg Academy to sell
and convey a certain lot.

An act for the benefit of William Herd.

An act for the benefit of James W. Bowers, jailer oi Campbell county.

An act authorizing a toll gate to be erected between Stanford and the
Hanging Fork, in Lincoln county, and' between the Anderson line and a
point five miles towards Ilarrodsburg.

An act for the benefit of the widow and heirs of Michael Chism.

An act to amend the several acts incorporating the Henderson, Madison-
ville and Hopkinsville Turnpike Road Company.

Approved February 8, 1S39.

Mr. Wingate, from the committee of Religion, to whom was referred a
bill from the House of Representatives, entitled, an act for the divorce of
Hugh Lane, made the following report, viz:

The committee of Religion, to whom was referred the bill from the House

of Representatives, for the divorce of Hugh Lane, have had the same un¬
der consideration, and beg leave to submit the following report:

Mr. Lane petitions the Legislature to pass an act divorcing him from his
wife, Malinda M. Lane, upon the ground that she had abandoned him with-

Feb. 11.]

JOURNAL OF THE SENATE.

* inv just cause or provocation on his part. Mrs. Lane remonstrates
• This application, and declares she had just cause for leaving her hus-
t ga Thnt declines telling us what that cause is, and makes a very solemn
hand, but , h t - t | ot - her assertion. The committee have bestowed

aPPe ; ll t °n ordinary abor in the investigation of this subject; they were
m TTardv compelled to do so, from the fact, that a great and very unusual

amount of testimony was introduced by the parties, and from the further
amount ol testim 7 { produced much feeling, particularly in that

o »hea& the application come,. The committee

thinkit necessary to refer to all the witnesses byname, or give a
summary of what they have all said, but are of opinion that it is sufficient to
sav thaUhe witnesses, without an exception, have given to Mr Lane and
his’lady a characters, that is not only good, but very good. Under such a
state of case, where the parties sustain irreproachable character, the com¬
mittee have had no little difficulty in assigning a cause for this unfortunate
difference between this man and his wife; and this difficulty is increased n.m
the fact, that they were not strangers at the time ot their marriage, but on the
contrary, had been long and intimately acquainted, and had every opportu¬
nity to know and understand the particular traits in the character of each
other. Whatever may have led to, or produced the separation, is, as.we
suppose, a matter that this lady does not intend the world to know; and
while on the one hand the committee cannot find, on examining the paper ,
any justifiable ground for Mrs. Lane having abandoned her husband, yet,
on the other hand, they cannot justify Mr. Lane in the third reason set tenth
in his notice to his wife, as one of the grounds ol Ins application foi a di¬
vorce; and in order that the Senate may understand the length and bi eadth
of this third allegation, they feel it to be their duty to insert it at large,

and is as follows; . . ,

Third. During all, or the greater part of which time, (meaning In months,
the time she had been absent,) you have originated and circulated, or suf¬
fered others to originate and circulate, various false and malicious lepoits,
the direct intention and tendency of which were to utterly destroy my
peace, and greatly injure me in the public estimation, and especially with

my intimate friends and acquaintances. ...

It is wery difficult to tell how, or by what means Mrs. Lane could have
prevented wicked disposed persons from speaking evil of her husband, and
as to the doing of it herself, the testimony ot Mr. Lanes own witnesses
forbids the imputation. They represent her as a virtuous, intelligent, dis¬
creet woman, and* in all the testimony, there is nothing given to show that
Mrs. Lane had so acted; and indeed if she had, or if others had done so, how,
or in what way it could prejudice the character and standing of Mr. Lane,
among his particular acquaintances and friends, it is impossible tor the com¬
mittee to see, because these very acquaintances and friends cotnes forward
and negatives the charge, by testifying to the good charactei ol Mi. Lane.
It is said by one witness, that in a conversation with Mrs. Lane, she inform¬
ed witness that she left him in order to prove his love. It seems, from the
statements of other witnesses, that she had regretted this step, and looked
upon it as a rash expedient, declaring that she was sorry that she had left
him. There is a letter of Mrs. Lane, or rather a certified copy of a letter
addressed to her husband, upon the subject of their separation; and although
she does not make a direct proposition for a reconciliation, yet it is plainly
hinted; and in the statement made to Rev. Mathias Garrett, Mrs. Lane

268

JOURNAL OF THE SENATE.

[Feb. 11.

stated that she did not consider that she was in her right mind when she
left Mr. Lane; and that at one time she had determined to go back to Mr.
Lane, and requested some of her friends to accompany her, and they re¬
fused. She then determined to get some stranger to go with her, but her
friends dissuaded her from the undertaking.

The committee, therefore, refrain from expressing any opinion as to the
cause which gave rise to this separation; first, because tlieie is nothing m
the testimony that seems fully to justify them in doing so; and secondly,
because they might do manifest injustice to one or both the parties; but
they must be allowed to say, that'it is a most extraordinary case, shrouded
in mystery, and many things, cautiously concealed, that might have been
developed: why it is so, is not our province to inquire. 1 hey have exam¬
ined the case as presented, and from all the. testimony, it appears that sep-
erate and apart from the consideration of the weakness of her sex, Mrs.
Lane is a very delicate, weakly, sickly woman, and consequently might be
expected to be somewhat peevish in her temper, and deserves, and is en¬
titled to the commisseration, not only of her friends and acquaintances gen¬
erally, but of her husband in particular. The committee, therefore, are ol
opinion, from all the circumstances of the case, it would be better, that the
Legislature should.not interfere, and we are therefore of opinion that the
bill ought not to pass.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Pitts, leave was given to bring in a bill to incor¬
porate the Green river Coperas, Alum and Coal mining Company, and the
committee on the Judiciary was directed te prepare and bring in the same.

On the motion of Mr. Bradshaw,

Resolved, That the committee on Internal Improvement be instructed to
inquire into the expediency of introducing a bill to make an appropriation
to improve the road from Greensburg, by way of Columhia, Jamestow n and
Monticello, to the Tennessee State line, in the direction to Knoxville, and
that they report by bill or otherwise.

On the motion of Mr. Barlow,

Resolved, That the Senate will, during the residue of the present session,
meet at half past nine o’clock, A. M.

1. Mr. Nuttall presented the remonstrance of sundry citizens of Oldham
against incorporating a company to construct a turnpike road from Louis¬
ville to the mouth of Harrod’s creek.

2. Mr. James presented the petition of Jonathan W. Terrell, guardian
of the infant children of John Terrell, deceased, and Thomas S. Terrell,
praying that the proceeds of the sale of a tract of land, in McCracken coun¬
ty, coming to the said infants, may be paid over to their guardian instead of
vesting it in Bank stock.

3. The Speaker presented the petition of P. E. McElroy, executor of

Feb. 11.] JOURNAL OF THE SENATE. 269

Thomas P. Gibbs, deceased, praying for the passage of a law legalizing the
Thomas Marion County Court, in admitting a copy of the will of

to record, and authorizing the Marion County Court to settle his

a Tl“id.“ c““c“i*ed and referred; the 1st to the committee of Internal
Improvement, and the 2d and 3d to the committee on the Judiciary

The following bills were reported from the committees appointed for that

^By Mr. Wickliffe—A bill to amend the charter of Transylvania Umver-

Slt By- Mr. Huston—A till for the benefit of the widow and heirs of Stephen

Gilbert, deceased. , .. „ .

Which were read the first time and ordered to be read a second tim .

The constitutional rule as to the second reading being dispensed with, the
said bills were referred to the committee on the Judiciary.

Two messages, in writing, were received from the Governor by Mr. Bul¬
lock, Secretary of State.

On the motion of Mr. Beatty, the report of the committee on Education,
in relation to endowing an Agricultural School for the State of Kentucky,
and the report of the said committee in relation to educating poor young
men for teachers of common schools, were recommitted to the same com-

m ittee •

The Senate resumed the consideration of a bill from the House of Rep¬
resentatives, entitled, an act to establish the Southern Bank of Kentucky.

Mr. Ford moved to amend the said amendment, (Sec. 4/,) by striking out
so much thereof as prohibits the President and Directors of the principal
Bank from locating the branch in the first district, at either of the places
where a branch of the Bank of Kentucky is established.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Ford and Murrell,

were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty,

Bradshaw,

Burnett,

De Courcy,

Dixon,

Ford,

Guthrie,

Hanson,

Huston,

Jasper,

Jesup,

Nuttall,

Pitts,

Pratt,

Wallace,
Young, S.—16.

Those who voted in the negative were—

Messrs. Barlow,
Clarke,

Davidson,

James,

May,

Morgan, D.

270

JOURNAL OF TJIE SENATE.

[Fed. II.

Morgan, J. S. Walker, J. V. Willis,

Murrell, Watkins, Wingate,

Schooling, Weller, Young, A.—17.

Walker, 0. J. Wicklille,

The said amendment, as amended, is as lollows, viz:

Sec. 47. That the President and Directors of the Southern Bank of Iven-
tucky shall locate the principal Bank within the district composed of the
counties of Livingston, Caldwell, Trigg, Christian, Todd, Logan, Butler,
Edmonson, Warren, Allen, Simpson,Monroe, Barren and Hart; and they
shall locate one branch of said Bank within the same district; but neither the
mother Bank nor the said branch shall be located at the places where a
branch of the Bank of Kentucky is established: they shall also locate a
branch of said Bank in a district composed of the counties of Hickman,
Calloway, Graves and McCracken; and a branch in a district composed of
the counties of Henderson, Union, Hopkins and Muhlenburg; and a branch
of said Bank in a district composed of the counties of Adair, Cumberland,
Clinton, Russell, Casey, Pulaski, Rockcastle, Whitley and Wayne; and a
branch in a district composed of the counties of Hardin, Meade, Breckin¬
ridge, Grayson, Hancock, Ohio and Daviess. The sixth branch on the norlli
of Green river, they shall be under no obligation to locate, and may locate
and establish the same at such time and place as they may deem most ad¬
vantageous to the institution; provided that the sixth branch shall not have
more than $300,000 of capital, and shall not go into operation until sub¬
scriptions are obtained for,all the stock in the Bank; and that no branch
shall go into operation, in the first instance, with less than $50,000 paid in;
provided further, that if the directory oi the Bank shall find that the loca¬
tion of the said sixth branch shall, in their opinion, prove prejudicial to the
interest of the institution, that they shall have power, at any time, to with¬
draw said branch altogether, or locate it elsewhere at their discretion.

The question being taken on concurring in the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ford and Watkins,
were as follows, viz:

Those who voted in the affirmative were—

. Ballinger,

Huston,

Walker, C. J.

Barlow,

James,

Walker, J. Y.

Beatty,

Jasper,

Wallace,

Bradshaw',

May,

Watkins,

Burnett,

Morgan, D.

Weller,

Clarke,

Morgan, J. S.

WicklifFe,

Davidson,

Murrell,

Willis,

De Courcy,

Nuttall,

Wingate,

Dixon,

Pitts,

Young, A.

Guthrie,

Pratt,

Young, S.—32.

Hanson,

Schooling,

Those -who voted in the negative were—

Jesup—2.

Messrs. Ford

271

Ffb. 11.]

JOURNAL OF THE SENATE.

Mr. Barlow moved to amend the said amendment by adding thereto the

10 lauded that' when the stock shall be taken in the district composed of
the counties of Cumberland, Clinton, Adair, &c the President and Direc¬
tors shall locate a branch in the town ot Burksvile.

tL question being taken on the adoption of the amendment moved by
Mr. Barlow, it was decided in the negative.

Mr. D. Morgan moved to amend the next amendment by adding thereto

the following proviso, viz.

provided That said branch shall not be located at any city or town on the
north side of the Kentucky river, where any Bank, or branch of any Bank,

The question being taken thereon, it was decided in the ahiimative.

The yeas and nays being required thereon by Messrs. Ford and M illis,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,

Barlow,

Clarke,

Davidson,

De Courcy,

Hanson,

James,

Jasper,

May,

Morgan, D.
Morgan, J. S.
Murrell,

Rice,

Schooling,
Walker, C. J.
Walker, J. V.

Wallace,

Watkins,

Weller,

WicklifFe,

Willis,

Wingate,
Young, A.
Young, A.—24.

Those who voted in the negative were—

Messrs. Beatty,

Bradshaw,

Burnett,

Dixon,

Ford, Nuttall,

Guthrie, Pitts,

Huston, Pratt—11.

Johnston,

All the amendments reported from the committee were concuned in.

The 35th section of the bill provides that the stock in the said Bank, ta¬
ken and subscribed for on the part of the Commonwealth, shall be paid by
the Governor, by executing to said President and Directors, the bonds or
scrip of this Commonwealth, bearing on its face an interest ol six pei cent,
per annum.

Mr. J. S. Morgan moved to amend the said section by striking out “six
per cent,” and inserting in lieu thereof “five per cent.”

The question being taken thereon, it was decided in the negative.

The yeas and nays being requiredj thereon by Messrs. Willis and Wat¬
kins, were as follows, viz:

JOURNAL OF THE SENATE.
Those who voted in the affirmative were—

[Feb. H,

Messrs. Ballinger,
Barlow,
Clarke,
Davidson,
Ford,
Johnston,

May,

Morgan, J. S.
Pratt,

Rice,

Schooling,
Walker, C. J.

Wallace,
Wicklifl’e,
Willis,
Wingate,
Young, A.—17.

Those who voted in the negative were—

Messrs. Beatty, Huston, Nuttall,

Bradshaw,. James, I hts,

Burnett, Jasper, Walker, J. V.

Dixon, Jesup, Watkins,

Guthrie,. Morgan, D. Weller,

Hanson, Murrell, Young, S.—18.

Mr. Guthrie moved the previous question.

The question being taken, “shall the main question' be now put,” it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and
Nuttall, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,
Bradshaw,
Burnett,
Dixon,
Guthrie,
Hanson,
Huston,

James,

Jasper,

Jesup,

Morgan, J. S.

Murrell,

Nuttall,

Pitts,

Pratt,

Walker, J. V.
Watkins,
Wingate,
Young, S.—19.

Those who voted in the negative were-

Wallace,

Weller,

Wickliffe,

Willis,

Young, A—16.

Messrs. Ballinger, May, Wallace,

Beatty, Morgan, D. Weller,

Clarke, Rice, Wickliffe,

Davidson, Schooling, Willis,

Ford, Walker, C. J. Young, A—16.

Johnston,

She question was then taken on reading the said bill a third time, as
amended, and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ford and James,
were as follows, viz:

Messrs. Beatty,
Burnett,

Those who voted in the affirmative were—

Clarke, Guthrie,

Dixon, Hanson,

Feb. 12.]

James,

Jasper,

Jesup,

Johnston,

JOURNAL OF THE SENATE.

Morgan, D.

Murrell,

Nuttall,

Pitts,

Walker, J. V.

Watkins,

Weller,

Young, S.—18.

Those who voted in the negative were—

Messrs. Ballinger,

Barlow, Morgan, J. S.

Bradshaw, Af ait ’

Davidson, J? 1 ? 6 ’

Ford, Schooling,

Huston, Walker, C. J.

And then the Senate adjourned.

Wallace,

Wield iffe,
Willis,
Wingate,
Young, A.—17.

" - 1

TUESDAY, FEBRUARY 12, 1839.

A message was received from the House of Representatives, announcing
that they had disagreed to bills from the Senate of the following titles, viz:

An act to change the time of holding certain Circuit Couits, and foi
other purposes.

An act for the benefit of Patsey, Jane and Daniel Hazelwood.

That they had passed bills which originated in the Senate of the following

titles, viz:

An act to regulate the administration and settlement of estates.

An act to amend the law concerning the action of trespass.

An act to incorporate the Blue Lick Hotel and W atei Company.

An act to incorporate the Maysville Lyceum.

An act to amend the seventh section of an act to prevent the increase
of vagrants, and other idle and disorderly persons, in this State.

An act to incorporate the Shelbyville Fire, Marine and Life Insurance

Company.

An act to amend the 14th section of an act, entitled, an act to amend
the charter of the city of Louisville, approved 16th of January, 1838.

An act for the benefit of Harrison Rankins, and wife, and children.

An act for the benefit of the estate of Franklin C. Averil.

An act for the benefit of Mary McBrayer, and her children.

An act to amend an act, entitled, an act to authorize the citizens of the
35

JOURNAL OF THE SENATE.

[Feb. 12.

town of Columbus, in the county of Hickman, to elect their trustees, and for

SHE?of **

amendments, viz:

An act to alter the mode of summoning petit jurors.

An act changing the terms of the Court of Appeals, and for othei pm-

P An act to incorporate the town of Louisa, in Lawience count).

An act to incorporate the town ol Rumsey.

An act to amend the charter of the town ol Paducah.

An act to amend the law of petitions and summons, and actions on join.

contracts.

And that they had passed bills of the following titles, uz. ;

i” act to amend an act, entitled, an act to regulate eqnttabl. proceeding,
under five pounds before Justices ol the Peace.

An act making an appropriation to the Anderson county Seminary.

An act to reduce into one the several attachment laws, and foi sett 11 g
proceedings on attachments against absconding debtors

An act authorizing the condemnation of land lor toll houses.

An act for the benefit ef John Myers. . _

An act allowing an additional Justice of the Peace to the county of Logan

and an additional Constable to Hopkins county. .

An act to change the name of Eloisa Rook to that of Eloisa Marshall.

An act to authorize Richard Y. Shipp and Mary G. Shipp to convey two

small tracts of land. , ,

An act for the benefit of the infant heirs of Edward Hord, deceased

An act to continue in force an act for the benefit of the holders of head-

"^Anactfoamend an act, entitled, an act to prevent further confiiction of
land claims, and to secure to seaters and improvers, a preference ol location
to lands improved by them.

An act authorizing a sale of the land and slaves descended to Mary Me-
Feeters.

An act for the benefit of Annie H. Blair, and the widow and heirs ol
William C. Warfield.

An act for the benefit of certain subscribers to the Protestant Episcopal
Church of Russellville.

An act concerning the estate of Daniel Riley, deceased.

An act regulating the issuing of executions from the Court of Appeals.

Mr. Wallace presented the petition of John Boggess, praying for the pas¬
sage of a law to release him and his securities from returning to the Quar¬
termaster General certain arms.

Feb 12.] JOURNAL OF THE SENATE. 275

Mr Johnston presented the petition of Larina Vansant, praying for the
of a law authorizing the sale of a house and lot belonging to the

tom. referred «o

MTt „ rv Affairs and the latter to the committee on the Judiciary.

16 Mr Vatkins, from ihe committee of Enrollments, reported that the com-
■ ' u! d examined enrolled bills which originated in the House of Rep-

resentatives of the following titles, end had found the same truly enrolled,

V1 An act for the benefit of the Clerks of the Henderson, Barren, Simpson,
Logan and Union Circuit and County courts.

An act for the divorce of Hugh Lane.

The said bills being signed by the Speaker of the House of Representa¬
tives, the Speaker of the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for Ins appro¬
bation and signature. After a short time Mr. Watkins reported that the
committee had performed that duty.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
bills from the House of Representatives of the following titles, viz:

An act for the relief of the widow and heirs ol Robert S. ^amuel.

An act to incorporate the Paris Fire, Life, and Marine Insurance Com-

P An act to establish the town of Brooksville, in Bracken county.

An act to extend the limits of the town of Bowlinggreen, in Warren

county.

An act to incorporate the town of Port Royal.

An act to increase the powers of the trustees of the town of Columbia.

An act to establish the town of Hillsborough, in Fleming county.

An act for the benefit of the representatives of Rodolphus B. Great-

house, deceased.

An act for the benefit of the heirs of Harmon A. Stiger.

An act authorizing the sale of real estate of Hiram Spurlocks, deceased,

and for other purposes.

An act for the benefit of the heirs of John Carey, deceased reported the

same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That the said bills do pass, and that the titles thereof be as afore-

1 Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of Thomas
Croper, James Southard and William Sugg, reported the same without
amendment.

276 JOURNAL OF THE SENATE. [Feb. 13

Ordered, That the said bill be read a third time.

Mr. Guthrie, from the same committee, to whom was referred bills from
the House of Representatives of the following titles, viz:

1. An act for the benefit of the heirs and representatives of Jos. Walker.

2. An act to incorporate the town of Wyoming, in the county ot Bath.

3. An act for the benefit of Enoch Yantis, John Gaines, Hamilton Martin
and Thomas J. Gough, Justices of the Peace, reported the same with amend¬
ments—which were concurred in.

Ordered, That the said bills be read a third time, as amended.

The constitutional rule as to the third reading of the 2d and 3d bills be¬
ing dispensed with,

Resolved, That the said bills do pass, and that the title of the 2d be as
aforesaid, and the title of the 3d amended to read, an act for the benefit ot
Enoch Yantis.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to provide for the appoint¬
ment of Attorneys for the Commonwealth, reported the same with an
amendment—which was concurred in.

The question being taken on reading the said bill a third time, as amended,
it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ford and Nuttall,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,

Barlow,

Beatty,

Bradshaw,

Burnett,

Clarke,

Davidson,

De Courcy,

Dixon,

Ford,

Guthrie,

Plan son,
Pluston,
Jasper,

Jesup,

Johnston,

May,

Morgan, J. S.

Murrell,

Pitts,

Pratt,

Rice,

Schooling,

Tomlinson,

Walker, C. J.

Wallace,

Wickliffe,

Willis,

Young, A.
Young, S.—30.

Those who voted in the negative -were—

Messrs. James, Walker, J. V. Weller—5.

Nuttall, Watkins,

Mr. Guthrie, from the same committee, to whom was referred a bill to
incorporate the Louisville and Mississippi Railroad Company, reported the
same with amendments—which were concurred in.

Ordered, That the said bill be engrossed and read a third time.

The following bills, from the House of Representatives, were reported
from the committees to whom they were referred without amendment, viz:

JOURNAL OF THE SENATE.

577

Feb. 12.]

Rv Ml . Huston, from the committee of Privileges and Elections—An act
' ♦ ,Ilish an election precinct at S. R. Pace’s store, in Barren county.

: t0 By Mr- Wingate, from the committee of Religion An act for the divorce

I ° f By Mr K nl“'frora ,I,e-committee of Financc-Ao act for the benefit

of the Sheriff of Livingston county.

Ordered, That the said bdls be read a third time.

The constitutional rule as to the third reading being dispensed with
Resohed, That the said bills do pass, and that the titles thereof be as afore-

I Mr. Guthrie, from the committee on the Judiciary, reported the following
[bills, viz:

1. A bill to regulate the town of Clay village.

2. A bill for the benefit of James Doyle and his legal representatives.

3. A bill for the benefit of the widow and heirs of Stephen Gilbert, de-

I C63.S6cl.

4. A bill to incorporate the Green river Copperas, Alum and Coal Mining

[ Company. , , , .

Which bills were severally read the first time, and ordered to be read the

[ second time. . ...

The constitutional rule as to the second reading being dispensed with,
Ordered, That the said bills be engrossed and read a third time.

The constitutional rule as to the third reading of the 1st, 2d and 3d bills
I beino- dispensed with, and the same being engrossed,

Resolved, That the said bills do pass, and that the titles thereof be as

I aforesaid.

Mr. Huston, from the committeee of Privileges and Elections, made the
| following report, viz:

The committee of Privileges and Elections have had under consideration
the returns from the several Senatorial districts, and report the following
gentlemen elected, viz:

From the 1st Senatorial district, Thomas James; from the 2d James C.
Weller; from the 3d Samuel B. Jesup; from the 4th James V. Walker;
from the 5th Archibald Dixon; from the 6th Richard S. Ford; from the /th
James Murrell; from the 8th William T. Willis; from the 9th John S. bar-
low; from the 10th William Bradshaw; from the 11th Archilles Jasper; from
the 12th Anselm Watkins; from the 13th James G. Pitts; horn the 14th
George Roberts; from the 15th James Guthrie; from the 16th Elijah F.
Nuttall; from the 17th George W. Johnston; from the ISth Stanley L oung;
from the 19th James Schooling; from the 20th John A. Tomlinson; from
the 21st Isaac Burnett; from the 22d Michael Davidson; from the 23d
Charles J. Walker; from the 24th Franklin Ballinger; from the 25th John
Wallace; from the 26th William De Courcy; from the 27th John S. Mor-

Anderson,

Bracken,

Bullitt,

Bourbon,

Barren,

Breckinridge,

Boon,

Butler,

Bath,

Campbell,

Caldwell,

Christian,

otal No. oil No. of votes in
votes in each each county for
roimtv. convention.

COUNTIES.

gan ; from the 2Sth Cyrus Wingate; from the 29th John Pratt; from th e
30th Mark E. Huston ; from the 31st Robert Wickliffe; from the 32d Win,
Clarke; from the 33d Aquiila Young; from the 31th James M. Rice; from
the 35th Daniel Morgan; from the 3Gth Adam Beatty; from the 37th
Samuel May, and from the 3Sth Samuel Hanson.

Your committee find the term of service ’of Samuel B. Jesup, Anselm
Watkins, James Guthrie, Elijah F. Nuttall, Stanley Young, Daniel Morgan,
Adam Beatty, Samuel May, and Samuel Hanson will expire in the year
1S39.

Thomas James, Archibald Dixon, James Murrell, William T. Willis, Wm,
Bradshaw, Archilles Jasper, George Roberts, Michael Davidson, Cyrus Win.
gate, and Aquiila Young in the year 1840.

Franklin Ballinger, John S. Barlow, William De Dourcy, Richard S.
Ford, James Schooling, James C. Weller, John A. Tomlinson, Mark E,
Huston, and Robert Wickliffe in the year 1841.

James V. Walker, James G. Pitts, George W. Johnston, Isaac Burnett,
Charles J. Walker, John Wallace, John S. Morgan, John Pratt, William
Clarke, and James M. Rice in the year 1S42.

Mr. Huston, from the same committee, made the following report, viz:

The committee of Privileges and Elections have had under consideration
the returns from the several counties in the State, of the votes for a call
of a Convention, and also the votes in each county, according to the re¬
turns made bv the several Commissioners of the revenue in 183S, and
have ascertained them to be as follows, viz:

278

JOURNAL OF THE SENATE.

Cumberland,

COUNTIES.

JOURNAL OF THE SENATE.

Total No. of No. of votes in
votes in each each county
county. tor convention

i Calloway,

Clinton,

Carroll,

Carter,

Daviess,

Edmonson,

Estill,

Franklin,

Fayette,

Fleming,

Gallatin,

Greenup,

Green,

Grant,

Graves,

Grayson,

Garrard,

Henry,

I Hart,

: Harlan,

|j Henderson,
Hopkins,

I Hickman,

B Harrison,

R Hardin,

B Hancock,
Jefferson,
Jessamine,
Knox,

Lewis,

Lincoln,

Laurel,

Lawrence,

Livingston,

Logan,

| Muhlenburg,

1 Madison,
Montgomery,
Mercer,
Morgan,
Mason,
Monroe,

no returns
469
1123
517
975
1175
2312
S98
2125
9SS
1369
1952
655
969
752

1501
1528

950

448

9S3

1207

1502
1715
2260

369
4400
1148
716
939
1243
521
S30
1157
1556
1063
2092
1144
22S1
661
2331
' 909

304

35
616
933
244

192

179

694

181

670

326

23S

140

790

SS9

362

154

113

3S1

373

429

527

165

157

484

1S2

179

106

627

231

566

365

197

4S8

280

Meade,

McCracken,

Marion,

Nicholas,

Nelson,

Ohio,

Owen,

Oldham,

Pulaski,

Perry,

Pendleton,

Pike,

Rockcastle,

Russell,

Simpson,

Shelby,

Scott,

Spencer,

Todd,

Trigg,

Trimble,

Union,

Wayne,

Woodford,

Warren,

Whitley,

Washington,

Total number of votes in Kentucky,
Tolal for Convention,

104,622

28,170

76,452

Total against Convention, - ; /b > 4

All of which is respectfully submitted.

MARK E. HUSTON, Chairman.

A message in writing, received from the Governor on the ninth instant,
was taken up and read as follows, viz.

Executive Department, )

Frankfort, February, 1839, J

Gentlemen of the Senate:

I nominate for you advice and consent, William D. Allison, to be Notary
Public in and for the county of Henderson, in place of D. McBride, resigned.
Edward J. F. Dyer, to be Notary Public for the county o^Je^lereon^

JOURNAL OF THE SENATE.

[Feb. 12.

COUNTIES.,

Total No. of No. of votes in
votes in each each county
county. forconvention

,622

,170

,452

tant,

JOURNAL OF THE SENATE.

281

Ffb. 12.]

Resolved, That the Senate advise and consent to the said appointments.

4 message, in writing, received from the Governor on the ninth instant,
was taken up and read as follows, viz:

Executive Depatmext,

February, 1S39.

Gentlemen of the Senate:

I nominate for your advise and consent, Robert. C. Rogers, to be Lieu¬
tenant Colonel in the 8th Regiment, in place of Larkin Webster, removed.

Benjamin M. Taul, to be Major of the 8th Regiment, in place of Robert
C. Rogers, if promoted.

George W. Bush, to be Colonel of the 17th Regiment, in place ot Zacha-
riah Haggard, resigned. ...

James Mullens, to be Lieutenant Colonel in the 17th Regiment, in place
of George W. Bush, if promoted.

Claiborne Eubank, to be Major of the 17th Regiment, in place of James
Mullens, if promoted.

George R. Foster, to be Lieutenant Colonel of the 4/th Regiment, in
place of John W. Jritton, resigned.

William Collins, to be Major of the 47tli Regiment, in place of George R.
Foster, if promoted. , . .

H. S. Emmerson, to be Major General of the 9th Division, in place oi

Thomas Sterrett, resigned.

N. H. Parish, to be Brigadier General of the 20th Brigade, m place of
William Marshall, resigned.

Leonard Stephens, to be Major General of the 13th Division, in place of
James Taylor, resigned.

Larkin B. Casey, to be Colonel of the 50th Regiment, in place of James
McDonald, resigned.

Mountford Peter, to be Lieutenant Colonel of the 50th Regiment, in place
of L. C. Cornish, removed.

Thos. J. Walker, to be Colonel of the 69th Regiment, in place of Thomp¬
son Irwin, removed.

Elijah H. Thomas, to be Lieutenant Colonel of the 69th Regiment, in
place of Thomas J. Walker, if promoted.

John T. Carrington, to be Major of the 69th Regiment, in place oi Elijah
H. Thomas, if promoted.

Thomas R. Stockdale, to be Colonel of the 12th Regiment, in place ot
James M. Lindsey, resigned.

Joel Strickler, to be Lieutenant Colonel of the 12th Regiment, in place of
Thomas R. Stockdale, if promoted.

William P. Duvall, to be Major of the 12th Regiment, in place of Joel
Stickler, if promoted.

Elisha Beasley, to be Major of the 92d Regiment, in place of David Black-

well, resigned.

Duncan Harding, to be Colonel of the S6th Regiment, in place of Lucius
Desha, promoted.

Septimus T. Hamilton, to be Lieutenant Colonel of the 86th Regiment,
in place of Samuel R. Vanhook, resigned.

282 JOURNAL OF THE SENATE. [Feb. 12.

Isaac N. Lair, to be Major of the 86th Regiment, in place of Pinkney
McMurtry, resigned.

Benjamin Northcutt, to be Lieutenant Colonel of the I05th Regiment,
in place of William Sayers, removed.

Samuel Rector, to be Major of the 105th Regiment, iu place of Benjamin
Northcutt, if promoted.

JAS. CLARK.

Resolved, That the Senate advise and consent to the said appointments.

A message, in writing, received from the Governor on the eleventh in¬
stant, was taken up and read as follows, viz:

Executive Department, /
February 11 th, 1839. )

Gentlemen of the Senate:

I nominate for your advise and consent, Aylette Buckner, to be Common¬
wealth’s Attorney for the 8th Judicial District, in place of Zachariah Wheat,
resigned.

William Gordon, Thomas McCormick, Benjamin Barner, Richard Olive
and William Smedley, to be Trustees of the Cumberland Hospital.

JAS. CLARK.

The nomination of the said Buckner was not acted on.

Resolved, That the Senate advise and consent to the appointment of the
said Trustees of Cumberland Hospital.

A message, in writing, received from the Governor on yesterday, was
taken up and read as follows, viz:

Executive Department, )
Frankfort, February 11, 1839. j

Gentlemen of the Senate

and House of Representatives:

In compliance with a request of the General Assembly of the State of
Alabama, I herewith transmit “a joint preamble and resolutions of the Gen¬
eral Assembly of the State of Alabama, responsive to certain joint resolu¬
tions of the Commonwealth of Kentucky, touching the currency and the
administration of the general government.”

JAS. CLARK.

Executive Department, )
Tuskaloosa, January 30 th, 1839. j

Sir :

I have the honor to enclose you a copy of a joint preamble and resolu¬
tions of the General Assembly of the State of Alabama, responsive to cer-

Feb. 12.]

JOURNAL OF THE SENATE.

283

tfiin -joint resolutions of the Commonwealth of Kentucky, touching the cur¬
rency and the administration of the general government.
y With perfect respect,

I have the honor to be,

Your Excellency’s most ob’t. sev’t,

A. P. BAGBY.

His Excellency,

the Governor of Kentucky.

Joint preamble and resolutions of the General Assembly of the State of Ala¬
bama responsive to certain 'joint resolutions of the Commonwealthe of
Kentucky, touching the currency and the administration of the general
government.

Whereas, certain joint resolutions of the General Assembly of the Com¬
monwealth of Kentucky, entitled, “ joint resolutions in relation to the cur¬
rency and the administration of the general government,’ - have been com¬
municated to this General Assembly, by the Governor of this State, agree-
able to a request prefered in said joint resolutions. These resolutions de-
plore the evils produced in the country by the general suspension ol specie
payments in May, 1837; they charge these evils mainly to the acts ol the
late administration, especially to the veto of the bill rechaitenng the late
Bank of the United States, the removal of the deposits and the specie circu¬
lar; they charge the present Executive of the United States with a want
of sympathy with the people, whom they are pleased to represent as “suf¬
fering,” and with cold indifference to the country whose condition they are
pleased to consider “lamentable,” and as being anxious only “to supply the
wants of the Treasury, and to protect the interests of the official corps;”
they denounce the Independent Treasury Scheme as tending “to augment
executive power—to the engrossment by the Executive of the United States
of all the paper emissions—to place in his possession, or under his control,
a great portion of the specie of the country—to abuse, waste and coi l up-
ti 0 n”_and finally, to “the union of the purse and the sword;” and they ex¬

press great satisfaction at the defeat of the bill, having for its object, the es¬
tablishment of this system, at the last session of Congress. They express
deep regret that the present Chief Magistrate of the United States, heed¬
less of experience, as they pretend, is resolved to perseveie in luining the
country and destroying the liberties of the people; they declare that it is
the duty of the federal govornment “to secure a general medium of circu¬
lation of uniform value throughout the United States, and recommend a
United States Bank as the most efficient means for the accomplishment of
such an end; they charge the late administration of the federal government
with “wasteful extravagance,” and the late President with “abuse, encroach¬
ments and usurpations;” and, finally, they declare that “every consideiation
of safety, of interest and pride of national character, demands a thorough
reform of the administration of the general government.” The General
Assembly of the Commonwealth of Kentucky, in communicating, in this
form, her own views and opinions on the various subjects to her sistei States,
it was doubtless intended, and desired by the Commonwealth of Kentucky,

281 JOURNAL OF THE SENATE. [Fed. 12.

to elicit ours in return. In response to the General Assembly of the Com¬
monwealth of Kentucky, touching the premises,

Be it resolved by the Senate and House of Representatives of the State
of Alabama in General Assembly convened , That this State does not con¬
cur with the Commonwealth of Kentucky in the view's and opinions ex¬
pressed by the latter, in her resolutions aforesaid, on any one of the promi¬
nent or important questions therein presented, but that on the contrary,
those views and opinions generally meet our decided dissent. We disagree
with our sister Kentucky respecting the causes of the late suspension of
specie payments and its consequent evils, and insist that the same was main¬
ly attributable to other causes than any action of the federal government.
We eschew a National Bank in every form in which it can be presented,
and heartily applaud the late President for the virtue and firmness with
which he combatted and finally overthrew that strong tow r er of federalism
and aristocracy, the late Bank of the United States. We deny that it is
either the right or the duty of the federal government, to furnish a general
currency for the country, the right and duty of that government in this re¬
gard, begin and end, as we conceive, with furnishing a currency standard
of value, and with preserving and maintaining that standard by suitable
regulations respecting her own receipts and disbursements. We consider
the charge of want of sympathy with the people, and of indifference to the
interests of the country, made against President Van Buren, as the mere
ebullition of political animosity, wdthout truth or reason to support it.

Resolved, That w r e esteem ourselves a prosperous, free and highly favored
people, and cannot be persuaded either that we are “suffering,” or that the
condition of our country is “lamentable.”

Resolved, That we admire, approve, and will cordially support the sepa¬
ration of Bank and State, and the establishment of an Independent Trea¬
sury, and confidently expect the intrinsic merits of this great measure ultil
mately to vindicate its claims, with an intelligent and patriotic people, over
selfishness, passion and political prejudices.

Resolved, That we have listened, without emotion, to the expressions of our
sister Kentucky about “the union of the purse with the sword, and the ruin
of the country and of liberty;” the defeated and disappointed panic-makers
of the last six years, have made such language trite and familiar.

Resolved, That we are satisfied with the present administration and its
leading measures; we want no reform, and least of all, such a reform as our
sister Kentucky would be likely to give us—a National Bank, a protective
tariff-—a grand and corrupting system of internal improvement of the
federal government.

Resolved, That we view, with mingled sorrow and indignation, the charge
of “abuse, encroachments and usurpations” made against the venerable re¬
tired patriot of the Hermitage. Passion and prejudice may do their worst—
he is beyond their reach. In the eloquent language of another, “he has
carried the star of his civil fame to the highest point in the political firma¬
ment, there to remain forever scaring the eyeballs of envy, but cheering
the heart and guiding the footsteps of patriotism, and shedding its benign
influence on the freedom, happiness, prosperity and glory of his country.”

Resolved, That the Governor of this State be requested to forward a copy
of the foregoing preamble and resolutions to the Governor of the Common-

•2S5

Feb. 12.]

JOURNAL OF THE SENATE.

•wealth of Kentucky, with a request that he will lay the same before the
P „ npra l Assembly of that Commonwealth.

.General Assemu y j w McCLUNG,

Speaker of the House of Representatives.

JAMES M. CALHOUN,
President of the Senate.

Approved January 26, 1S39.

A. P. Bagby.

Ordered, That the said message be laid on the table, and that the Public
Printer print 150 copies thereof for the use of the General Assembly.

On the motion of Mr. Wicldiffe, leave was given to withdraw the papers
accompaning the petition of Jeremiah Delph.

Mr. Plan son, from the committee of Finance, reported a bill for the bene¬
fit of Noah C. Summers, and others.

Which were read the first time and ordered to be read a second time.

The constitutional rule as to the second and third readings of the said bill
being dispensed with, and the same being amended and engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

The Senate, according to the standing order of the day, resolved itself
into a committee ol the whole House on the state ol the Commonwealth,
Mr. Wingate in the Chair. After some time spent in committee, the Speak¬
er resumed the Chair, when Mr. Wingate reported that the committee had,
according to order, had under consideration a bill further to provide for
the internal Improvement of the Commonwealth, and had gone through the
same, and made sundry amendments thereto, which he handed in at the
Clerk’s table.

The fifth section of the bill authorizes the Governor to issue and sell the
bonds or scrip of the commonwealth, in the present year, to the amount of
one million of dollars for internal improvements. One of the said amend¬
ments proposes to amend the said section so as to authorize the bonds oi
scrip to be issued and sold to the amount of one million one hundred thou¬
sand dollars.

The question being taken on concurring in the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ford and Watkins,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger, De Courcy, Morgan, J. >S.

Beatty, Guthrie, Pitts,

Clarke, Hanson, Pratt,

Davidson, Morgan, D. Rice,

JOURNAL OF THE SENATE.

Walker, J. V

Wallace,

Watkins,

Wickliffe.

Willis,

Wingate,
Young, S.—19.

Johnston,
May,
Schooling,
Weller—13,

Those who voted in the affirmative were-

Messrs. Ballinger,
Barlow,
Beatty,
Bradshaw,
Burnett,
Clarke,
Davidson,
De Courcy,
Dixon,
Ford,
Guthrie,

Hanson,

Huston,

James,

Jasper,

Jesup,

May,

Morgan, D.
Morgan, J. S.
Murrell,

Pitts,

Pratt,

Rice,

Schooling,

Walker, C. J.

Walker, J. V.

Wallace,

Watkins,

Weller,

Wickliffe,

Willis,

Wingate,

Young, S.—34.

Those who voted in the negative were—Mr. Johnston.

The other amendments were concurred in.

The third section of the said bill is as follows, viz:

Sec. 3. And in addition to the sums hereto appropriated to the Licking
river navigation for the purpose of progressing with the five locks and dams,
now under contract on said river, and of putting three additional locks and

JOURNAL OF THE SENATE. 287

ract on said river in the year 1839, the sum of seventy
is hereby appropriated.

ed to amend the said section by striking out the words, “and
additional locks and dams under contract upon said river in
printed in italics.

,eing taken thereon, it was decided in the negative,
nays being required thereon by Messrs. Beatty and Wallace,

Those who voted in the affirmative were-

Huston,

Johnston,

Schooling,
Young, S.—6

Messrs. Dixon,
Ford,

Tomlinson,

Walker, C. J.

Walker, J. V

Wallace,

Watkins,

Weller,

Wickliffe,

Willis,

Wingate,

Y oung, A.—2

Messrs. Ballinger, Jaspei,

Barlow, Jesup,

Beatty, May,

Bradshaw, Morgan, D.

Burnett, Morgan, J. 8

Clarke, Murrell,

Davidson, Nuttall,

De Courcy, Pitts,

Guthrie, Pratt,

Hanson, Rice,

James,

Mr. Wingate moved the previous question,

The question being taken, “shall the main question be now put
decided in the negative.

The yeas and nays being required thereon by Messrs,
gate, were as follows, viz:

Those who voted in the affirmative were-

Morgan, D.

Morgan, J. S.

Murrell,

, Nuttall,

Wallace,

Watkins,

Those who voted in the negative were-

Huston,

Jasper,

Jesup,

May,

Pitts,

Pratt,

it was

Messrs. Ballinger
Beatty,
Clarke,
Davidson,
Guthrie,
Johnston,

Rice,

Schooling,
Tomlinson,
Walker, C. J.
Walker, J. V,
Weller—19.

Messrs. Barlow,
Bradshaw,
Burnett,
De Courcy,
Dixon,
Ford,
Hanson,

2SS

JOURNAL OF THE SENATE,

- ' - -r-ouuu IJUl

under contract the present year, at as early a clay as practicable, on Pond
river and on Trade water river, such system of improvement as is best calcu¬
lated to facilitate and secure a permanent descending navigation in said
streams, as high as they have been declared navigable, or as high as such
improvement will be useful; and for that purpose they may expend any
sum not exceeding the amount of the former appropriations heretofore made
to each of said streams.”

The question being taken on the adoption of the said amendment, it was
decided in the affirmative. The Senate being equally divided, the Speaker
voted in the affirmative.

The yeas and nays being required thereon by Messrs. Dixon and J V
Walker, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,

Barlow,

Bradshaw,

Burnett,

Clarke,

Dixon,

Huston,

Jasper,

Jesup,

May,

Murrell,

Pitts,

Schooling,
Tomlinson,
Walker, J. V,
Watkins,

Weller,

Willis—18.

Those who voted in the negative were—

Messrs. Beatty, Johnston,

Davidson, Morgan, D.

De Courcy, Morgan, J. i

Ford, Nuttall,

Guthrie, Pratt,

Hanson, Rice,

The said bill was further amended.

Mr. Guthrie moved to lay the said bill on
June next.

Mr. Beatty moved the previous question.

The question being taken, “shall the main question be now put,” it was
decided in the affirmative.

The question was then taken on engrossing and reading the said bill a
third time, and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and Weller,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger
Beatty,

Walker, C. J.
Wallace,
Wickliffe,
Wingate,
Young, A.
Young, S.—18,

Clarke,

Davidson

De Courcy
Hanson,

Feb. 13.]

JOURNAL OF THE SENATE.

289

Jesup,

May,

Morgan, D.
Morgan, J. S.
Murrell,

Pitts,

Rice,

Walker, J. V.
Wallace,

Watkins,
Wicldiffe,
Wingate,
Young, A.—19.

Those who voted iu the negative were—

Messrs. Barlow,

Bradshaw,

Burnett,

Dixon,

Ford,

Guthrie,

Huston,

Jasper,

Johnston,

Schooling,

And then the Senate adjourned.

Tomlinson,
Walker, C. J.
Weller,

Willis,

Young,' S.—15.

WEDNESDAY, FEBRUARY 13, 1S39.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments proposed by the Senate to the
amendments proposed by that House to a bill from the Senate, entitled, an
act for the benefit of Anderson Dunn and and Isaac Hemingway.

That they had concurred in the amendments proposed by the Senate to
bills from that House of the following titles, viz :

An act vesting the Trustees of the towns of Lebanon and Springfield,
with power to cause certain streets of said towns to be McAdamized or
paved.

An act to incorporate the trustees of the Republican School, in Bracken
county.

An act to increase the capital stock of the Falmouth Bridge Company,
and for other purposes.

An act to provide for running the line between Marion and Washington
counties.

An act to establish a State road from the mouth of Salt river to Bow-
linggreen, through Grayson county.

An act to change the place of voting from the house of Henry Haynie,
in Lawrence county, to that of James Rous, in said county, and to abolish
an election precinct in Hardin county.

An act for the benefit of the infant heirs of Samuel Pottinger, deceased.

An act to enlarge the powers of the trustees of Brandenburg.

JOURNAL OF THE SENATE.

An act to incorporate the towns of New Haven, Hodgenville and Big
Spring.

An act for the benefit of Volney E. Bragg, late deputy Sheriff of Lewis
county.

An act to increase the pay of patrollers, in Fayette county.

That they had passed bills from the Senate of the following titles, viz:

An act to incorporate the Kentucky and Louisville Mutual Insurance
Company.

An act for the benefit of the Clerks of Clinton, Adair and Cumberland
counties.

An act prescribing the duties of the Keeper and Clerk of the Peniten¬
tiary—with amendments to the last.

And that they had passed bills of the following titles, viz:

An act providing for a change of venue in the case of the prosecution
against Joseph McMillin.

An act for the benefit of John Steele.

An act for the divorce of Rhoda Lytle.

An act for the divorce of Rebecca Hutchinson.

An act to amend an act, entitled, an act to regulate the election of trus¬
tees of the town of Scottsville.

An act to authorize the election of trustees of the town of Port Oliver,
in the county of Allen.

An act to extend the August term of the Anderson Circuit Court.

An act to amend the charter of the city of Covington.

An act for the benefit of Robert G. Lewis.

Mr. Willis, from the committee of conference on the disagreement.be¬
tween the Houses, on a bill, entitled, an act to change the time of holding
the Green Circuit Court, reported that the committee had come to an agree¬
ment that the House of Representatives recede from their amendment to
said bill. After a short time a message was received from the House of
Representatives, announcing that they had receded from their amendments
to the said bill.

Mr. Davidson, from the committee on Military Affairs, to whom was re-
red a bill from the House of Representatives, entitled, an act to amend an
act, entitled, an act to amend the Militia Law of this State, reported the
same with the opinion of the committee that it ought not to pass.

The said bill was laid on the table.

Mr. Willis moved to reconsider the vote by which it was laid on the
table.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. De Courcy and
Rice, were as follows, viz:

Feb. 13.]

291

JOURNAL OF THE SENATE.
Those who voted in the affirmative were-

Messrs. Beatty,
Burnett,
Clarke,

De Courcy,
Ford,

May,

Morgan, J. S.
Pitts,

Rice,

Walker, C. J.

Weller,

Wickliffe,

Willis,

Young, S.—14.

Those who voted in the negative were-

i. Ballinger,

James,

Schooling,

Barlow,

Jasper,

Walker, J. V.

Bradshaw,

Jesup,

Wallace,

Davidson,

Johnston,

Watkins,

Dixon,

Murrell,

Wingate,

Planson,

Nuttall,

Young, A.—20.

PI us ton,

Pratt,

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red a bill from the House of Representatives, entitled, an act for the benefit
of James R. Wright, guardian of Eliza Jane Cur], legalizing the sale of a
slave made by him, reported the same with an amendment—which was
concurred in.

Ordered, That the said bill be read a third time, as amended.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to amend an act, entitled,
an act for the benefit of the heirs of Aaron Foreman, deceased, reported the
same with the opinion of the committee that it ought not to passs.

The question being taken on reading the said bill a third time, it was
decided in the negative, and so the said bill was disagreed to.

Mr. Guthrie, from the same committee, to whom was referred a bill for
the relief of William E. Dixon, reported the same with an amendment—
which was concurred in.

Ordered, That the said bill be engrossed and read a third time.

Bills from the House of Representatives of the following titles, were re¬
ported from the several committees to whom they were referred without
amendment, viz:

By Mr. Pratt, from the committee of Religion—An act for the divorce
of John M. Emmerson, Jr.

By Mr. Hanson, from the committee of Finance—An act for the benefit
of Thomas Sweeney.

An act for the benefit of the Sheriff of Jefferson county.

An act for the benefit of William Vice.

An act for the benefit of John G. Scrogin, surveyor of Bourbon county.

An act for the benefit of the Sheriff of Montgomery county.

292 JOURNAL OF THE SENATE. [Feb. 13.

By Mr. Beatty, from the committee on Education—An act appointing
trustees of the Lebanon Academy, in Todd county.

Ordered , That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the .titles thereof be as
aforesaid.

Mr. Pratt, from the committee of Religion, to whom was referred a bill
from the House of Representatives, entitled, an act for the .divorce of Eliza
H. Bush, reported the same Avith the opinion of the committe that it ought
not to pass.

The question being taken on reading the said bill a third time, it was de¬
cided in the affirmative.

The yeas and nays being required thereon by Messrs. Ballinger and
Barlow, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,

Jasper,

Schooling,

Burnett,

Jesup,

Tomlinson,

Clarke,

Johnston,

Walker, C. J.

De Courcy,

May,

Walker, J. V.

Dixon,

Morgan, D.

Watkins,

Ford,

Murrell,

Willis,

Hanson,

Pitts,

Young, A.

Huston,

Pratt,

Young, S.—26,

James,

Those who

Rice,

voted in the negative were-

Messrs. Ballinger,

Guthrie,

Weller,

Beatty,

Morgan, J. S.

Wickliffe,

Bradshaw,

Nuttall,

Wingate—11.

Davidson,

Wallace,

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Hanson, from the committee of Finance, to whom was referred a bill
from the House of Representatives, entitled, an act for the benefit of James
E. Stone, Clerk of the Hancock County Court, reported the same with the
opinion of the committee that it ought not to pass.

The question being taken on reading the said bill a third time, it was de¬
cided in the negative, and so the said bill were disagreed to.

Mr. Hanson, from the same committee, reported a bill to regulate the
mode of appointing trustees of the Cumberland Hospital.

Which was read the first time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,

Feb. 13.]

JOURNAL OF THE SENATE.

Mr James moved to recommit the said bill to the same committee, with

instructions to report a bill authorizing the citizens of the town of South¬
land to elect the trustees of the said Hospital.

The question being taken thereon, it was decided in the negative

The yeas and nays being required thereon by Messrs. James and Wellei,

were as follows, viz.:

Those who voted in the affirmative were—

Messrs. Barlow,
Burnett,

De Courcy,

Ford,

James,

Jasper,

Schooling,
Tomlinson,
Wingate—9.

Those who voted in the negative were—

Messrs. Beatty,

Bradshaw,

Davidson,

Guthrie,

Hanson,

Huston,

Jesup,

Johnston,

May,

Morgan, J. S.
Pitts,

Pratt,

Walker, J. V.
Wallace,
Weller,
Wickliffe,
Young, A.
Young, S.—18.

Ordered, That the said bill be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis-
dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Hanson, the committee of Finance was discharged
from the further consideration of the resolutions.directing, the said commit¬
tee to inquire into the expediency of increasing the compensation of jailers
for dieting runaway slaves, and for keeping persons in jail on a charge of
felony.

The following bills were reported, viz:

By Mr. Davidson, from the committee on Military Affairs—1. A bill for
the benefit of John B. Whitford and his securities.

By Mr. Guthrie, from the committe on the Judiciary—2. A bill to in¬
crease the powers of the trustees of Barboursville.

3. A bill for the benefit of the executor of Thomas P. Gibbs.

By Mr. Hanson, from the committee of Finance—4. A bill increasing
the allowance to the jailer of McCracken county for keeping runaway
slaves.

5. A bill for the benefit of Sythey Ellis.

6. A bill about Sheriffs’ delinquent lists.

Which bills were severally read the first time, and ordered to be read the
second time.

294

JOURNAL OF THE SENATE.

[Feu. 13 .

I lie constitutional rule as to the second reading of the said bills beino- dj s „
pensed with, the sixth was recommitted to the committee of Finance, and
the others were ordered to be engrossed and read a third time.

The constitutional rule as to the third reading of the 1st, 4th and 5th bills
being dispensed with, and the same being engrossed,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

The nomination of Aylette Buckner, to be Commonwealth’s Attorney for
the Sth Judicial District, in place of Zachariah Wheat, resigned, was ta¬
ken up.

Resolved, That the Senate advise and consent to the said appointment

The amendments proposed by the House of Representatives to a bill from
the Senate, entitled, an act prescribing the duties of the Keeper and Clerk
of the Penitentiary, were twice read and concurred in.

& followin 0 title., were severally read the third time,

viz:

An act to amend the charter of the Maysville Insurance Company.

An act to incorporate the Jeflerson Turnpike Company.

An act to allow an additional Justice of the Peace and Constable for
Washington county.

An act to incorporate the Louisville and Mississippi Railroad Company.

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

An engiossed bill, entitled, an act the further to provide for the internal
improvement of the Commonwealth, was read the third time.

Mr. Burnett moved to amend the said bill by adding thereto the follow¬
ing engrossed section by way of ryder, viz:

Be it f urther enacted, That the sum of one thousand dollars be, and the
same is hereby appropriated, or so much thereof as may be necessary for
the improvement of the discending navigation of Little river, it having been
ascertained that the amount heretofore appropriated is not sufficient to ac¬
complish the work.

The question being taken on the adoption of the said amendment, it was
decided in the negative.

The yeas and nays being required thereon by Messrs. Burnett and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,
Burnett,

De Courcy,
Dixon,
Ford,
Huston,

James,

Jasper,

Jesup,

Murrell,

Nuttall,

Pitts,

Schooling,
Tomlinson,
Walker, J. V.
Weller,
Willis,

Wingate—18.

FlJn _ 13 ] JOURNAL OF THE SENATE.

Those who voted in the negative were-

295

Walker, C. J.
Wallace,
Watkins,
Wickliffe,
Young, A.
Young, S.—19.

Messrs. Ballinger, Johnston,

Beatty, May,

Bradshaw, Morgan, D.

Clarke, Morgan, J. S.

Davidson, Pratt,

Guthrie, Rice,

Hanson,

Mr. Tomlinson moved to recommit the said bill to the committee of In¬
ternal Improvement.

The question being taken thereon, it was decided in the affirmative.'

The yeas and nays being required thereon by Messrs. Tomlinson and
Murrell, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,

Hanson,

Walker, C. J.

Beatty,

Johnston,

Walker, J. V.

Bradshaw,

Morgan, D.

Wallace,

Clarke,

Morgan, J. S.
Murrell,

W atkins,

Davidson,

Wingate,

De Courcy,

Pitts,

Young, A.

Ford,

Guthrie,

Pratt,

Tomlinson,

Young, S.—23.

Those who voted in the negative

were—

Messrs Barlow,

James,

Schooling,

Burnett,

Jasper,

Weller,

Dixon,

May,

Wickliffe,

Huston,

Rice,

Willis—12.

A bill from the House of Representatives, entitled, an act for the divorce
of Rebecca Hutchinson, was read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with,
the said bill was referred to the committee of Religion.

Mr. Guthrie moved to reconsider the vote by which a bill from the House
of Representatives, entitled, an act to establish the Southern Bank of Ken¬
tucky was ordered to be read a third time, as amended.

And then the Senate adjourned.

296

JOURNAL OF THE SENATE.

[Feb. 14.

THURSDAY, FEBRUARY 14, 1839.

An engrossed bill, entitled, an act to incorporate the Green river Copperas,
Alum and Coal Mining Company, was read the third time.

The question was then taken on the passage of the said hill, and it was

decided in the affirmative.

The yeas and nays being required thereon by Messrs. S. 1 oung and
Nutlall, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty, Huston,

Burnett, Jasper,

Davidson, Jesup,

Ford, Johnston,

Guthrie, Murrell,

Hanson, Nuttall,

Pitts,

Rice,

Walker, J. V.
Watkins,
Weller,
Wickliffe—18.

Those who voted in the negative were—

Messrs. Barlow, Pratt,

Bradshaw, Schooling,

May, Wallace,

Morgan, J. S.

Willis,

Young, A.
Young, S.—10.

Resolved, That the title of the said bill be as aforesaid.

Air. Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills which originated in the Senate, of the
following titles, and had found the same tiuly enrolled, \iz.

An act for the benefit of Anderson Dunn, Isaac Hemingway and William

Ratcliffe.

An act for the benefit of Rebecca Evans.

An act to repeal so much of the 79th section of the militia law as requiies
the militiamen to carry guns to muster.

An act for the benefit of the Clerks of Clinton, Adaii and Cumberland

counties.

An act to authorize a change of venue in the trial of John S. Lasley.

An act to appoint trustees for the town ol Summersville.

An act for the benefit of the estate of Franklin C. Averil.

An act for the benefit of William Spratt, and others. •

I : i

\n :i'-! ...I :■.! : | : . ■

'ii'

oilier purposes, approved j.’cbruar\ !■, 1S>7.

An act for the benefit of Mary McBrayer, and her childreE^^^^BBH
An act to amend the law concerning the action of trespass.

An act to amend the seventh section of an act to prevent the increase
of vagrants, and other idle and disorderly persons, in this State.

An act to incorporate the Maysville Lyceum.

An act for the benefit of Harrison Rankins, and wife, and children.

An act to change the time of holding the Green Circuit Court.

An act prescribing the duties of the Keeper and Clerk of the Peniten-

An act to amend the 14th section of an act, entitled, an act to amend
the charter of the city of Louisville, approved 16th of January, 1S38.

The Senate resumed the consideration of the motion of Mr. Guthrie to
reconsider the vote by which a bill from the House oi Representatives, en¬
titled, an act to establish the Southern Bank of Kentucky, was ordered to be
read a third time, as amended.

Mr. Guthrie asked for leave to withdraw the said motion.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ford and De
Courcy, were as follows, viz:

Those who voted in the affirmative were—

Those who voted in the negative were—

Huston,

Jasper,

Jesup,

Johnston,

Nuttall,

Rice,

Roberts,

Schooling,
Tomlinson,
Walker, C. J.
W atkins,
Wingate,
Young, S.—29.

May,

Morgan, D.
Morgan, J. S.
Murrell,

Pitts,

Pratt,

Walker, J. V.

Wallace,

Weller,

Wickliffe,

Willis,

Young, A.—IS.

Messrs. Bradshaw,
Burnett,
Davidson,
De Courcy,
Dixon,
Ford,
Guthrie,

Messrs. Ballinger,
Barlow,
Beatty,
Clarke,
Hanson,
James,

[Feb. 14 .

ordering the said bill to be

len thereon, it was decided in the negative. The
mate requiring a vote of two thirds to reconsider a question,
when the motion is not made within two days after the question was decided.

The yeas and nays being required thereon by Messrs. Barlow and Wal¬
lace, were as follows, viz:

Those who voted in the affirmative were-

!. Ballinger,

Morgan, D.

Schooling,

Barlow,

Morgan, J. S.

Walker, ,

Beatty,

Murrell,

Wallace,

Clarke,

Pitts,

Weller,

Davidson,

Pratt,

Wickliffe,

Hanson,

Rice,

Willis,

James,

May,

Roberts,

Young, A.-

Those who

voted in the negative

were—

. Bradshaw,

Huston,

Tomlinson,

Burnett,

Jesup,

Walker, C.

De Courcy,

Jasper,

Watkins,

Dixon,

Johnston,

Wingate,
Young, S.-

Ford,

Guthrie,

Nuttall,

A message, in writing, was received from the Governor by Mr. Bul¬
lock, Secretary of State; also a message announcing that the Governor had,
on this day, approved and signed an enrolled bill which originated in the
Senate, entitled, an act prescribing the duties of the Keeper and Clerk of
the Penitentiary.

Mr. Johnston presented the petition of Otho Wilson, praying to be re¬
lieved from the penalty imposed by law for bringing slaves into this Com¬
monwealth, which was received and referred to the committee on the Ju¬
diciary.

On the motion of Mr. Wingate, a message was sent to the House of
Representatives, informing them that the Senate are now ready to proceed
to the election of public officers.

A message was received from the House of Representatives, announcing
that they are now ready to proceed to the said election.

After interchanging nominations between the Houses, the Senate pro¬
ceeded to vote; and committees were appointed to meet committees on the
part of the House, to compare the joint vote and report the result.

The committees on the part of the Senate reported that they had per-

Feb. 14 .]

JOURNAL OF THE SENATE.

Derform ed the duty assigned them, and that Mr. James Davidson had re¬
ceived the unanimous vote of both Houses for the office of Treasurer

Mr Albert G. Hodges the unanimous vote of both Houses for the office

of Public Printer.

Mr George A. Robertson for the office of Librarian.

Mr Henry Wingate for President and Messrs. James Davidson and Owen
€ Cates for Directors of the Bank of the Commonwealth: whereupon they
were severally declared to be duly elected to these offices for the ensuing

^ 6 The vote of the Senate for Keeper of the Penitentiary stood thus:

Messrs. Ballinger,
Beatty,
Bradshaw,
Clarke,
Davidson,
Dixon,
Ford,
Guthrie,
Hanson,
Huston,

For Mr. Thomas S. Theobald—

Jesup,

Johnston,

May,

Morgan, D.

Morgan, J. S.

Nuttall,

Pitts,

Pratt,

Rice,

Schooling,

For Mr. Charles B. Lewis—

Tomlinson,
Walker, C. J.
Walker, J. V.
Wallace,
Watkins,
Wicldiffe,
Willis,
Wingate,
Young, A.
Young, S.—30.

Messrs. Barlow, James, kodctis, «

Burnett, Jasper, Weller-8.

De Courcy, Murrell,

The committee on the part of the Senate reported that the joint vote
stood thus:

For Mr. Thomas S. Theobald—95.

For Mr. Charles B. Lewis—41.

Mr. Theobald having received a majority of all the votes given, was de¬
clared to be duly elected Keeper of the Penitentiary.

Bills from the House of Representatives of the following titles, were
severally read the first time, viz:

1. An act to prohibit the County Courts of Floyd, Morgan, &c., to change
the State road.

2. An act requiring a special County Court to be held in Shelby county,
for the purpose of swearing in deputy Sheriffs.

3. An act to change the time of holding the Harlan, Perry, Bieathitt and

Clay Circuit Courts.

4. An act to change the place ot voting in the Scaffle Cane piecinct, in
Rockcastle county.

Roberts,
Weller—8.

300

JOURNAL OF THE SENATE.

[Feb. 14.

5. An act ior the benefit of James Newton.

6. An act for the benefit of James W. Finnic.

7. An act for the benefit of Fountain Cunningham,

S. An act for the benefit of George W. Williams.

9. An act to authorize the Union County Court to change the location of
that part of the State road, leading from the mouth of Salt river to the Ohio,
opposite Shawnee town, within the county of Union.

10. An act to establish an election precinct in Christian county.

11. An act to amend an act, entitled, an act to incorporate the Jefferson
Pond Draining Company, and Rough Creek Manufacturing Company.

12. An act to amend the law in relation to the public highways, in Mason
county.

13. An act to abolish the election precinct at Peter Miller’s, on Knob
creek, in Builitt county.

14. An act for the benefit of Joseph McDowell.

15. An act to amend an act, entitled, an act to regulate equitable pro¬
ceedings under five pounds before Justices of the Peace.

16. An act making an appropriation to the Anderson county Seminary.

17. An act to reduce into one the several attachment laws, and for set-
tling proceedings on attachments against absconding debtors.

IS. An act authorizing the condemnation of land for toll houses.

19. An act for the benefit of John Myers.

20. An act allowing an additional Justice of the Peace to the county of
Logan, and an additional Constable to Hopkins county.

21. An act to change the name of Eloisa Rook to that of Eloisa Marshall.

22. An act to authorize Richard Y. Shipp and Mary G. Shipp to convey
two small tracts of land.

23. An act for the benefit of the infant heirs of Edward Hord, deceased.

24. An act to continue in force an act for the benefit of the holders of head-
right certificates.

25. An act to amend an act, entitled, an act to prevent further confliction
of land claims, and to secure to seaters and improvers, a preference of loca¬
tion to lands improved by them.

26. An act authorizing a sale of the land and slaves descended to Mary
McFeeters.

27. An act for the benefit of Annie H. Blair, and the widow and heirs of
William C. Warfield.

28 An act for the benefit of certain subscribers to the Protestant Episco¬
pal Church of Russellville.

29. An act concerning the estate of Daniel Riley, deceased.

30. An act regulating the issuing of executions from the Court of Appeals.

31. An act providing for a change of venue in the case of the prosecution
against Joseph McMillin,

JOURNAL OF THE SENATE.

301

Fed. 14.]

32. An act for the benefit of John Steele.

33. An act for the divorce of Rhoda Lytle.

34. An act to amend an act, entitled, an act to regulate the election of
trustees of the town of Scottsville.

35. An act to authorize the election of trustees of the town of Port Oliver,
in the county of Allen.

36. An act to extend the August term of the Anderson Circuit Court.

37. An act to amend the charter of the city of Covington.

38. An act for the benefit of Robert G. Lewis.

Ordered, That the said bills be read a second time.

The constitutional rule as to the second reading of the said bills being dis¬
pensed with, they were referred; the 1st, 9th, 12th and ISth to the com¬
mittee of Internal Improvement; the 2d, 3d, 5th, 11 th, 15th, 17th, 19th,
22d, 23d, 24th, 25th, 26th, 27th, 29th, 30th, 31st, 34th, 35th, 36th and 37th
to the committee on the Judiciary; the 4th, 10th and 13th to the commit¬
tee of Privileges and Elections; the 6th, 7th, 8th and 32d to the committee
on Military Affairs; the 14th to the committee of Finance; the 16th to the
committee on Education; the 21st, 22d and 38th to the committee of Propo¬
sitions and Grievances, and the 28th and 33d to the committee of Religion.

Mr. Weller presented depositions in relation to the application of Rhoda
Lytle for a divorce, which were received and referred to the committee of
Religion.

Mr. Davidson, from the committee on Military Affairs, reported a bill to
repeal, in part, an act to change the bounds of the seventh division of Ken¬
tucky Militia, and for other purposes.

Which was read the first time and ordered to be read a second time.

The constitutional rule as to the second and third readings of the said bill
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

The amendments proposed by the House of Representatives to the amend¬
ments proposed by the Senate to bills from that House of the following
titles, were twice read and concurred in, viz:

An act for the benefit of the Clerks and Sheriffs of this Commonwealth.

An act to amend the several acts concerning the towns of Paris and
Elizabethtown.

The amendments proposed by the House of Representatives to bills from
the Senate of the following titles, were severally twice read and concurred
in, viz :

An act to reduce into one the several acts in relation to the town of
Frankfort.

An act to incorporate the town of Louisa, in Lawrence county.

302

[Feb. 14 .

JOURNAL OF THE SENATE.

An act to incorporate the town of Rumsey.

An act to amend the charter of the town of Paducah.

The amendments proposed by the House of Representatives to the fol¬
lowing bills, were twice read and referred to the committee on,the Judiciary,
* viz:

An act to establish the office of Comptroller of the Treasury, and for
other purposes.

An act to alter the mode of summoning petit jurors, and for other pur¬
poses.

An act changing the terms of the Court of Appeals, and for other pur¬
poses.

The amendments proposed by the House of Representatives to a bill from
the Senate, entitled, an act to amend the law of petitions and summons, and
actions on joint contracts, were twice read and disagreed to.

Mr. Guthrie, from the committee on the Judiciary, reported a bill to pro¬
vide for a Geological survey of the State.

Which was read the first time and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with, the
said bill was referred to the committee on the Judiciary, and the Public Prin¬
ter directed to print 150 copies thereof for the use of the General Assembly.

On the motion of Mr. Hanson,

Resolved, That the committee on the Judiciary be instructed to inquire
whether the unlawful breaking of a slave into a dwelling house in the night
time, with an intent to steal, be burglary; and if not so by the existing
law, then that said committee inquire into the expediency of constituting
such an offence burglary, punishable with death.

Engrossed bills of the following titles, were severally read the third time
viz:

1. An act for the relief of William E. Dixon.

2. An act increasing the powers of the trustees of Barboursville.

3. An act for the benefit of the executor of Thomas P. Gibbs.

Resolved, That the said bills do pass, and that the title of the first be

amended to read, an act to provide the mode of compensating the owners
of mills injured by slackwater navigation, and that the titles of the second
and third be as aforesaid.

Bills from the House of Representatives of the following titles, were sev¬
erally read the third time, as amended, viz:

An act changing the terms of the Fayette Circuit Court.

An act to provide for the appointment of Attorneys for the Common¬
wealth.

An act for the benefit of the heirs and representatives of Jos. Walker.

An act for the benefit of James R. Wright, guardian of Eliza Jane
Curie, legalizing the sale of a slave made by him.

303

Fed. 14.] JOURNAL OF THE SENATE.

Resolved, That the said bills, as amended, do pass, and that the titles
thereof be as aloiesaid.

A bill from the House of Representatives, entitled, an act to establish the
Southern Bank of Kentucky, was read the third time, as amended.

Mr. Ford moved to recommit the said bill to the committee on the Ju-

diciary. .

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Murrell and James,
were as iollows, viz:

Those who voted in the affirmative were—

Messrs. Beatty, Davidson, Ford—3.

Those who voted in the negative were—

. Ballinger,

Jesup,

Walker, C. J.

Barlow,

Johnston,

Walker, J. Y.

Bradshaw,

May,

Wallace,

Burnett,

Morgan, D.

Watkins,

Clarke,

Morgan, J. S.

Weller,

Dixon,

Murrell,

Wickliffe,

Guthrie,

Nuttall,

Willis,

Hanson,

Pitts,

Wingate,

Huston,

Rice,

Young, A.

James,

Jasper,

Schooling,

Young, S.—31

Mr. Beatty moved to amend the said bill by adding thereto the following
section by way of engrossed ryder, viz:

That if the stock subscribed on the part of the State shall be paid for, in
whole or in part, by executing bonds, bearing an interest of six per cent,
per annum, agreeably to the 35th section of this act, and the semi-annual
dividends, upon the State stock, shall, at any time, prove to be insufficient
to pay the interest on said bonds, it shall be the duty of the President and
Directors to make good said deficiency out of the profits which shall have
accrued upon the stock, held by individual and corporation stockholders, for
the preceeding half year, before they shall declare a dividend among them:
and the said Bank shall have no claim upon the State for such excess of
interest, over and above the State’s semi-annual dividend, but shall, during
the continuance of the charter, guarranty the payment of the interest on
the State bonds aforesaid.

The question being taken on the adoption of the said amendment, it was
decided in the negative.

The yeas and nays being required thereon by Messrs. Beatty and De
Courcy, were as follows, viz:

304

JOURNAL OF THE SENATE.

[Feb. 14.

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
De Courcy,
Ford,

Messrs Barlow,

Bradshaw,

Burnett,

Dixon,

James,

Jasper,

Jesup,

Those who voted in the affirmative were—

Guthrie,

Hanson,

Huston,

Johnston,

May,

Morgan, J. S.
Murrell,

Rice,

Wallace,
Young, S.—16.

Those who voted in the negative were-

Morgan, D.
Nuttall,

Pitts,
Schooling,
Tomlinson,
Walker, C. J.
Walker, J. V,

Watkins,

Weller,

Wiekliffe,

Willis,

Wingate,

Young, A.—20.

The question was then taken on the passage of the said bill, as amended,
and it was decided in the affirmative. The Senate being equally divided,
the Speaker voted in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and James,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Burnett,
Dixon,
Guthrie,
Hanson,
James,
Jasper,

Johnston,
Morgan, L).
Murrell,
Nuttall,

Pitts,

Walker, J. V.

Wallace,
Watkins,
Weller,
Wiekliffe,
Young, A.
Young, S.—IS.

Those who voted in the negative were—

Messrs. Ballinger,
Barlow,
Beatty,
Bradshaw,
Clarke,
Davidson,

De Courcy,
Ford,

Huston,

Jesup,

May,

Morgan, J. S.

Rice,

Schooling,
Tomlinson,
Walker, C. J.
Willis,

Wingate—18.

Resolved, That the title of the said bill be as aforesaid.
And then the Senate adjourned.

Feb. 15.]

JOURNAL OF THE SENATE.

305

FRIDAY, FEBRUARY 15, 1839.

A message was received from the House of Representatives, announcing
the passage of bills of the following titles, viz:

1 . An act to reduce the salaries of certain officers in this Commonwealth.

2. An act to regulate the 9th and 12th Judicial Districts.

3. An act granting a change of venue in the prosecution against James
Lynn, Jr.

4. An act to authorize the County Court of Woodford to convey to trus¬
tees a portion of the public square in the town of Versailles.

5. An act for the divorce of Samuel Smedley.

6 . An act for the divorce of Polly Hurt.

7. An act for the benefit of the Sheriff of Floyd county.

8 . An act to authorize the settlement of the accounts of Worden Pope,
late Clerk of the Jefferson County and Circuit Courts.

9. An act for the benefit of the Clerks of this Commonwealth.

10. An act for the benefit of Sandy H. Aldridge.

11. An act for the benefit of the orphans of Louisville.

12. An act allowing one additional Justice of the Peace to the county of
Mercer.

13. An act for the benefit of the heirs of Reuben Sullinger, deceased.

14. An act to amend an act, entitled, an act to incorporate the Russell¬
ville and Clarksville Turnpike Road Company.

The said bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being dis¬
pensed with, the 1st and 14th were referred to the committee of Internal
Improvement; the 2d, 3d, 4th, 11th and 13th to the committee on the Ju¬
diciary; the 5th and 6th to the committee of Religion; the 7th, 8th and
10th to the committee of Finance; the 12th to the committee of Propo¬
sitions and Grievances and the 9th was ordered to be read a third time. *

The constitutional rule as to the third reading of the 9th bill being dis¬
pensed with,

Resolved, That the said bill do pass and that the title thereof be as afore¬
said.

Mr. Schooling presented the petition of sundry citizens of Marion county,
praying for an amendment of the act to incorporate a company to turnpike
the road from Perryville to Greensburg by way of Lebanon and New Mar¬
ket—which was received and referred to the committee of Internal Im¬
provement.

306 JOURNAL OF THE SENATE. [Feb. 15;

Leave was given to bring in the following bills, viz:

On the motion of Mr. Bradshaw—1. A bill to allow Berryman II. F low¬
ers to erect one sate across the road from Columbia to John Grider s ferry,
on Cumberland river.

On the motion of Mr. Schooling—2. A bill to reduce the several acts into
an act the better to regulate the trustees in the town ol Lebanon, in Mai ion
county.

On the motion of Mr, Wickliffe—3. A bill to exempt practising Attor¬
neys from compulsory process in certain cases.

The committee of Propositions and Grievances was directed to piepare
and bring in the 1st and 2d, and Messrs. Wickliffe, Johnson and Huston
were appointed a committee to prepare and bring in the 3d.

Mr. Beatty, from the committee on Education, to whom was referred
the report in relation to au Agricultural School for the State of Kentucky,
reported the same without amendment.

The blank in the first resolution was filled with the name of John Lewis,
and the blank in the second resolution was filled with the sum of two hun¬
dred dollars, and the said report was concurred in.

Mr. Beatty, from the same committee, to whom was referred the report
of the committee on Education in relation to educating poor young men for
teachers of common schools, reported the same without amenmment.

The said report was concurred in.

Mr. Beatty, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to incorporate the Newton
Society of Bacon College, reported the same without amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Willis presented the remonstrance of sundry citizens of Oldham
county against incorporating a company to turnpike the road from Louis¬
ville to the mouth of Harrod’s creek, which was received and referred to
th» committee of Internal Improvement.

An act to reduce into one the several acts in relation to the town of
Frankfort, and for other purposes.

An act to incorporate the Blue Lick Hotel and Water Company.

An act to incorporate the Shelbyville Fire, Marine and Life Insurance
Company.

The said bills being signed by the Speaker of the House of Representa-

Feb. 15.] JOURNAL OF THE SENATE. 307

tives, the Speaker of the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for his appro¬
bation and signature. After a short time Mr. Barlow reported that the
committee had performed that duty.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
the petitions of sundry citizens, praying that the salary of Walker Reid may
be the same as received by other Circuit Judges, reported the following re¬
solution thereon, viz:

Resolved, That the said petitions be rejected—which was concurred in.

Bills from the House of Representatives of the following titles, were re¬
ported from the several committees to whom they were referred without
amendment, viz:

By Mr. Guthrie, from the committee on the Judiciary—An act for the
benefit of William Gilpin and Francis Gilpin.

An act concerning the towns of Warsaw and Monticello.

An act requiring a special County Court to be held in Shelby county for
the purpose of swearing in deputy Sheriffs.

An act to amend an act, entitled, an act to incorporate the Jefferson Pond
Draining Company, and Rough Creek Manufacturing Company.

An act to change the time of holding the Harlan, Perry, Breathitt and
Clay Circuit Courts.

An act for the benefit of John Myers.

An act to reduce into one the several attachment laws, and for settling
proceedings on attachments against absconding debtors.

By Mr. Huston, from the committee of Privileges and Elections—An act
to change the place of voting in the Scaffle Cane precinct, in Rockcastle
county.

An act to establish an election precinct in Christian county.

An act to abolish an election precinct at Peter Miller’s on Knob creek,
in Bullitt county.

By Mr. Ballinger, from the committee of Internal Improvement—An
act to incorporate the Hickman Turnpike Road Company.

By Mr. Wingate, from the committee of Religion—An act for the di¬
vorce of Rebecca Hutchinson.

By Mr. Jesup, from the committee on Military Affairs—An act for the
benefit of Dawson Elliott, of Madison county.

An act for the benefit of John Steele.

An act for the benefit of James W. Finnie.

An act for the benefit of George W. Williams.

An act for the benefit of Fountain Cunningham.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

,i,

SOS JOURNAL OF THE SENATE. [Feb. 15.

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red a bill from the House of Representatives, entitled, an act to amend an
act, entitled, an act to regulate equitable proceedings under five pounds be¬
fore Justices of the Peace, reported the same without amendment.

Ordered, That the said bill be read a third time.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of the heirs
of Edward Hord, deceased, reported the same with an amendment—which
was concurred in.

Ordered, That the said bill be read a third time, as amended,

Mr. Guthrie, from the same committee, to whom was referred a bill to
establish the Real Estate Bank of Kentucky, reported the same without
amendment,

Ordered, That the said bill be laid on the table.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to authorize Richard Y.
Shipp and Mary G. Shipp to convey two small tracts of land, reported the
same with the opinion that it ought not to pass.

The question being taken on reading the said bill a third time, it was
decided in the negative, and so the said bill was disagreed to.

Mr. Guthrie, from the same committee, to whom was referred the pe¬
tition of Milton Young and Maria, his wife, reported the following resolu¬
tion thereon, viz:

Resolved, That the said petition be rejected—which was concurred in.

Mr. Guthrie, from the same committee, made the following report, viz:

The committee on the Judiciary, to whom was referred certain resolu¬
tions directing the committee on Internal Improvement and Domestic Man¬
ufactures to inquire:—

1st. Whether the board of directors of the Richmond ^ and Lexington
Turnpike Company have drawn from the Treasury of the State the sum of
three thousand nine hundred and ten dollars, under a contract or contracts
with the council of the city of Lexington, that said council should allow the
said board of directors to perform work on main street, Lexington, at the
expense of the city, and that the board would grant to the city of Lexing¬
ton scrip to the full amount expended on main street, aforesaid, as stock in
the company:

2nd. To inquire whether the expenditure aforesaid was either necessary
or useful to the county or city:

3rd. Whether the citizens of Lexington, or the individual members of
the company, were consulted or knew of such bargaining, until after the
amended charter was procured and the money expended:

4th. To inquire into the propriety of repealing the amendatory act, es-

Feb. 15.]

JOURNAL OF THE SENATE.

npriillv so much as authorizes said company to construct a road in main
Lvf.Pt and to hold iurisdiction thereby, and to erect a toll gate within less

than one mile of the city limits: , ■% ,

5th To inquire whether the board of directors aforesaid ever submitted
the said amendatory act to the individual stockholders for ratification, before
they expended the moneys of the State, and of individuals in the construc¬
tion of the road, and set up three turnpike gates between the city of Lex¬
ington and the Kentucky rivei. . .

6th To inquire whether said company ever, at any time, took the sense
or vote of the individual stockholders accepting said amended charter; and
if they did when and where was such vote taken—how many of the stock¬
holders were present, and who of those present voted for accepting of the
amended charter; and whether or not any notice was given by those taking
the vote that the amended charter would be submitted for confirmation:

7th. To inquire whether said company cannot, at convenient distances,
from the terminns of the charter, obtain sites, by donation, oi by payingpa
fair price for the land, for the toll houses: Have had the same under consid¬
eration. , , , c r-, ,

They find that the charter of said company passed on the 4th ot 4 ebru-
ary 1834; and by the 1st section, the company was authorized to construct
a road from Richmond to Lexington, and by the 2nd and 5th sections, the
capital stock of the company was $100,000, to be increased by the presi-
dent and directors, from time to time, to such a sum as womd^be sumcient

to construct said road. . 100K , .

They find the company was organized on the 12th oi June, lSofi,, by the
election of the first board of president and managers; and on the loth ot
December, 1S35, the stock was enlarged by the president and managers, by
an order on their records, fifty thousand dollars, and they appointed a com¬
mittee to attend the Legislature to procure amendments to the charter.
Thev find on the 1st of February, 1838, the supplemental act amending the
charter was passed, by the 1st section of which, the company was authoi-
ized to grade the road to thirty feet, and to place the stone road on one side
of the graded road; and by the 2nd and 3rd sections, they were authorized
to build a bridge across the Kentucky river, and for that purpose to increase
the capital stock; and by the 4th section, the amendments were to be apart
of the charter, when accepted by the company; and by the 5th and 6th
sections, the Madison county court were authorized to subscribe stock, and
the company were authorized to commence the road within one quarter ot
a mile of the courthouse in Lexington, and extend the same to the public
square in the town of Richmond, if the city of Lexington and town ot
Richmond consented thereto; and by the 7th section, it is made lawful for
the company to set up toll gates at any distance not less than one mile trom

each terminus of the road. .,

Thev find there was no formal acceptance of the supplemental act, until
the 16th of June, 1838, when the supplemental act was accepted by an or-
der of the president and managers on their records; but they hndt leie was a
parol agreement between the city of Lexington and the company, y 'w 11C i
they were to extend their road to within one quarter of a mile o le com
house, in the city of Lexington; and the road was, before the lust ot June,
1S38, constructed by the company, accordingly; and they a\ ai ei 1

310 JOURNAL OF THE SENATE. [Feb. 15,

selves of the provisions of the supplemental act, in relation to the grade of
the road.

They also find that on the 2nd June, 1S36, it was resolved by the citv
council of Lexington, that the president of the council should subscribe se¬
venteen additional shares in the Richmond and Lexington turnpike, and
make the subscription of the city of Lexington $5,000, on condition the
county court of Fayette would subscribe $5,000 of stock in said company,
and all to be applied to the construction of the road in Fayette county; and
that the county and city subscribed the stock, and the latter paid for her
stock in city'- scrip, bearing interest and payable in five years; and that sub¬
scriptions were procured by the company from the Board of Internal Im¬
provement, on account of these subscriptions by the county of Fayette and
the city of Lexington, and payments were procured from the Board of Inter-
nallmprovements on account of the payments made by the city of Lexington
in her scrip, as aforesaid; and that the scrip of the city of Lexington was
paid out as money to the contractors who made the road.

The committee do not find that the president and directors of the Rich¬
mond and Lexington Turnpike Company have drawn from the Treasury of
the State the sum of three thousand nine hundred and ten dollars, under a
contract or contracts with the council of the city of Lexington, that the
council should allow the said board of directors to perform the work on
main street, at the expense of the city; that the board would grant to the
city of Lexington scrip for stock to the full amount expended on main street.
The city of Lexington subscribed five thousand dollars in stock, and paid
for the same as before stated.

In response to the second inquiry, the}' state, that the Richmond and
Lexington Turnpike Company, by commencing at the public square in
Richmond, and extending the road to within one quarter of a mile of the
court house in Lexington, will have full twenty five miles of road, and be
entitled to set up five toll gates, which they would not be entitled to do
without such extension, and that the extension is highly advantageous to
the company, in as much as it enables them to make the whole road
profitable, which they could not otherwise do, as their charter only au¬
thorizes gates for every five miles. They found that main street in Lex¬
ington required to be improved to connect the road with the pavement, and
that the expenditure was both useful to the county and city.

In response to the 3rd inquiry, as the committee have not found any such
bargain as was supposed to exist, they have deemed it useless to inquire as
to whether the citizens of Lexington, or the individual members of the com¬
pany, kenw of it or not.

In response to the 4th inquiry, the committee are of opinion it would be
improper to repeal the amendatory act, inasmuch as the Commonwealth is
owner of one half the stock, and the amendatory act is beneficial to the
company, and acceptable to the citizens, with but one exception, to their
knowledge. They think the right of the company to extend the road in
main street of Lexington, is not incompatible with the rights of the corpo¬
ration of Lexington, nor will the privilege of erecting a toll gate within one
mile of the terminus of the road injuriously effect private rights.

In response to the 5th and 6th inquiries, the committee find that the
amendatory act was never submitted to the individual stockholders for their

15-] JOURNAL OF THE SENATE; 311

■ition The amendatory act was beneficial to the company, and was
7 ed a nd acted under by the president and managers for the stockhol-
and tliey are estopped by their acceptance and their acts,
response to the 7th inquiry, the committee find that the first gate from
rrton on the Richmond and Lexington Turnpike is about one mile and
ilhth of a mile from the limits of the city of Lexington, and that the
any have not availed themselves of the privilege of erecting their gate
a one mile of the terminus of the road within the city ol Lexington;
hat they are not able to procure the land, on either side, by donation
rchase at a fair price. They find that the gate, on the Richmond and
unon road, is farther from the limits of Lexington, than the gate on
tlier turnpike leading into Lexington, and that most ol the other turn-
extend within the limits of Lexington. They have not been able to
ain the'facts at those other places where toll gates are erected on said
They ask to be discharged from the further consideration of the res-

Resolved, That the said bill, as amended, do pass, and that the title
be amended to read, an act to allow additional Justices of the Peace and
Constables to several counties.

On the motion of Mr. Jesup, the committee on Military Affairs was dis¬
charged from the further consideration of a resolution instructing them to
inquire into the expediency of erecting an Arsenal for the safe keeping of
the public arms.

The following bills were reported, viz:

By Mr. Guthrie, from the committee on the Judiciary—1. A bill for the
benefit of Otho Wilson.

By Mr. Hanson, from the committee of Finance—2. A bill for the bene¬
fit of Austin T. Tyler, Sheriff of Hickman county.

3. Aill authorizing the Clarke County Court to appoint a Treasurer.

By Mr. Jesup, from the committee on Military Affairs—-4. A bill for the
relief of the securities of Wesley M. Garnett, de’d. and Henderson Murphy.

5. A bill for the benefit of John Boggess and his securities.

Which bills were severally read the first time, and ordered to be read the
second time.

The constitutional rule as to the second readings of the said bills being
dispensed with, they were ordered to be engrossed and read a third time.

JOURNAL OF THE SENATE.

The constitutional rule as to the third reading of the 1st, Sd and 3d bills
being dispensed with, and the same being engrossed,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

The Senate, according to the standing order of the day, resolved itself
into a committee of the whole House on the state of the Commonwealth,
Mr. Wingate in the Chair. After some time spent in committee, the Speak¬
er resumed the Chair, when Mr. Wingate reported that the committee had,
according to order, had under consideration a bill to authorize the South
western Railroad Bank to establish a branch in this State, and for other pur¬
poses, and had gone through the same, and made sundry amendments
thereto, which he handed in at the Clerk’s table.

A part of the sixth section of the said bill is as follows, viz:

Sec. 6. The directors of the Bank shall be resident citizens of the State ,
and stockholders of the Bank, and at the first meeting after their election ,
they shall appoint one of their number to be President of the said Bank;
they shall appoint all the officers of the Bank, and President and Directors,
and Cashiers of its branches, &C;

One of the said amendments proposes to amend that part of the said
section to read as follows, viz:

Sec. 6. The directors of the Bank shall be resident citizens of the United
States, and Stockholders of the Bank; and they shall appoint one of their
number to be President of said Bank, &c.

The question being taken on concurring in the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Guthrie and Dixon,
were as follows, viz:

Those who voted in the affirmative were

Walker, J. V.
Wallace,
Weller,
Wickliffe,
Young, A.
Young, S.—19,

May,

Morgan, D.
Morgan, J. S.
Pratt,
Tomlinson,
Walker, C. J.

Messrs. Ballinger,
Bradshaw,
Clarke,
Davidson,
De Courcy,
Hanson,
James,

Those who voted in the negative were-

Messrs. Barlow
Beatty,
Burnett,
Dixon,
Ford,
Guthrie.

Huston,

Jasper,

Jesup,

Johnston

Murrell,

Pitts,

Rice,

Schooling,

Watkins,

Willis,

Wingate—17,

The thirteentli section ol the said bill is as loiiows, viz:

S ■ ’ 13 Each branch of the said Bank shall be an office of discount and
IpDod't • it shall have a Board to consist of a President and not less than six
Directors with a Cashier, and such other officers as the business of the
branch may require. The Board shall conform to all orders it may receive
from the President and Directors of the Bank, and shall possess such powers
as the said President may. confer on them, consistently with this charter.

One of the said amendments proposes to amend the said section by in¬
serting after the word “ President ,” printed in italics, the words “and Di¬
rectors.”

The question being taken on concurring in the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Watkins and
Weller, were as follows, viz:

Those who voted in the affirmative were—

Walker, C. J.
Walker, J. V.
Wallace,

Weller,

Wickliffe,

Young, A.

Young, S.—23.

Hanson,

May,

Morgan, D.
Morgan, J. S.
Murrell,

Pitts,

Pratt,

Tomlinson,

Messrs. Ballinger,
Beatty,
Bradshaw,
Burnett,
Clarke,-
Davidson,
De Courcy,
Ford,

Those who voted in the negative were

Schooling,
Watkins,
Willis,
Wingate—

Jasper,

Jesup,

Johnston,

Rice,

Messrs. Barlow.

Dixon,

Guthrie,

Huston,

James,

The twenty fifth section of the said bill is as follows, viz :

Sec. 25. The capital [of said Bank, and all the funds thereof, the shares
of the stockholders therein, and the dividends thereon, shall be free and ex¬
empt from taxation of every kind, in each ot the States granting the char¬
ter, until the said railroad shall be finished, and the stockholders in the com¬
pany shall have divided an interest of six per centum per annum tor each
year upon their investment; after which the State ol Kentucky shall have
a right to lay a tax, equal to the tax laid on the capital stock of other bank¬
ing Institutions in the said State, upon so much of the capital, of the Bank
as is employed by the branch in the aforesaid Slate:] Provided, that the
real estate of the said Bank, and its goods pledged tor money lent, and it>
goods the produce of its lands, may be taxed at the same rate as similar lea
estate and goods are taxed in this State.

One of the said amendments proposes to strike out from the word ‘-ca.pt-

JOURNAL OF THE SENATE.

[Feb. 15 .

tal,” in the first line, to the word “provided,” included in brackets, and to
insert in lieu thereof the following, viz :

“Stock of said Bank employed in any branch, and an agency or agencies
in this State, shall not be less than one hundred thousand dollars, nor more
than one million of dollars; on which the said Bank shall pay the same tax
or bonus as is required on the Bank stock of the Bank of Kentucky, or the
Northern Bank of Kentucky, to-wit: an annual tax not exceeding fifty cents
on each hundred dollars so employed, to be set apart and paid in the same
manner and amount, and at the same time as the said Bank of Kentucky
and A 01 them Bank of Kentucky are and shall be required to do by law.”

Mr. Guthrie moved to amend the said amendment by striking out the
words “and an agency or agencies ,” printed in italics.

1 he question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Guthrie and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Barlow,
Beatty,
Bradshaw,
Burnett,
Clarke,
Davidson,
De Courcy,
Dixon,
Ford.
Guthrie,

Hanson,

Huston,

James,

Jasper,

Jesup,

Johnston,

May,

Morgan, J. fS.
Murrell,

Pitts,

Pratt,

Rice,

Schooling,
Walker, C. J.
Walker, J. V.
Wallace,
Watkins,
Weller,

Willis,
Wingate,
Young, A.
Young, S.—33.

Those who voted in the negative were_

Messrs. Morgan, D. Tomlinsen, Wickliffe_3

The said amendment, as amended, was concurred in.

One ol the amendments reported from the committee was disagreed to
and the others were concured in.

The 29th section of the said bill is as follows, viz:

Sec. 29. The said Bank shall establish a branch in this State for the trans-

USmeSS ’ pUrsUant to the Provisions hereinbefore contained
Mr. Willis moved to amend the said section by adding thereto the fol
lowing, proviso, viz:

greater distance than twenty miles from the line of said railroad to be
obtained. U& & ’ WU6 ° Ut ;t H C ° nSent of the Legislature first had qnd

deSS° U tHe ad ° Pti0n ° f the Said amen dment, it was

JOURNAL OF THE SENATE.

a n d nays being required thereon by Messrs. Weller and Wat¬
ts follows, viz:

Those who voted in the affirmative were—

Pitts,

Rice,

Watkins,

Weller,

Willis,

Wingate—19.

Huston,

Jasper,

Jesup,

Johnston

May,

Murrell,

Messrs. Barlow,
Beatty,
Burnett,
Davidson
Dixon,
Ford,
Guthrie,

Walker, J. V.
Wallace,
Wickliffe,
Young, A.
Young, S.—'

Those who voted in the affirmative were

Pratt,

Rice,

Tomlinson,
Watkins,
Weller,
Willis—19.

Huston,

Jasper,

Jesup,

Johnston

Murrell,

Pitts,

Messrs. Barlow,
Beatty,
Burnett,
Davidson
Dixon,
Ford,
Guthrie,

Walker, J. Y.
Wallace,
Wickliffe,
Young, A.
Young, S.—15.

316

JOURNAL OF TI-IE SENATE.

[Feu. 16 .

SATURDAY, FEBRUARY 16, 1839.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments of the Senate to bills from that
House of the following titles, viz:

An act to establish the Southern Bank of Kentucky.

An act for the benefit of Enoch Yantis, John Gaines, Hamilton Martin
and Thomas J. Gough, Justices of the Peace.

An act to incorporate the town of Wyoming, in the county of Bath.

That they had passed bills from the Senate of the following titles, viz:

An act to regulate the mode of appointing trustees to the Cumberland
Hospital.

An act to allow an additional Justice of the Peace and Constable for
Washington county.

An act to regulate the town of Clay Village.

An act to incorporate the Transylvania Institute, and for ther purposes,
with amendments to the last.

And that they had passed bills of the following titles, viz:

An act to provide for the internal improvement of the State.

An act to incorporate a company to construct a turnpike road from the
mouth of Salt river to Southland.

An act to allow an additional Constable to the county of Monroe.

On the motion of Mr. James, a message was sent to the House of Repre¬
sentatives requesting leave to withdraw the report from the Senate of the
passage of a bill from that house, entitled, an act for the benefit of the Clerks
of this Commonwealth. After a short time the said bill was returned to
the Senate.

On the motion of Mr. Willis, the vote by which the said bill was passed,
was reconsidered, and it was referred to the committee of Finance.

On the motion of Mr. Wingate, leave was given to the committee of
Religion to sit during the sessions of the Senate.

The Speaker laid before the Senate the following resignation of the Door
Keeper of the Senate.

Frankfort, February 16, 1839.

Ido hereby resign the office of Door Keeper of the Senate, an,d beg the
Senate to accept of my thanks for the kindness they have shown me.

J. J. VEST.

The Senate proceeded to the election of Door Keeper, during the residue
of the present session.

Feb 16 ] journal of the senate.

Mr. Watkins nominated Mr. John Mayhall.

Mr. Hanson nominated Mr. Jacob H. Holeman.

Mr. Wingate nominated Mr. Morgan B. Chinn.
The first vote stood thus

Those who voted for Mr. Mayhall were

Messrs. Ballinger,
Beatty,
Bradshaw,

Davidson,
Huston,
Walker, C. J.

Walker, J. V.
Watkins,
Wickliffe—9.

Those who voted for Mr. J. H. Holeman were—

Messrs. Clarke,
Dixon,
Hanson,
James,

Jesup,
Johnston,
Morgan, D.
Morgan, J. S.

Murrell,
Tomlinson,
Young, S.—11.

Those who voted for Mr. Morgan B. Chinn were—

Messrs. Barlow, ^ a y’ w

Burnett, 1 Ats, ,,,

De Courcy, Pratt, w

Ford, Rice, ™

Guthrie, Schooling,

Jasper,

No one having received a majority of all the votes given
The second vote stood thus:

Wallace,

Weller,

Willis,
Wingate,
Young, A.—16.

Those who voted for Mr. Mayhall were—

Messrs 1 . Ballinger,
Beatty,
Bradshaw,
Davidson,

Huston,

Pitts,

Walker, C. J.

Walker, J. V.
Watkins,
Wickliffe— 10.

Messrs. Clarke,
Dixon,
Hanson,
James,

Those who vosed for Mr. Holeman were-

, Jesup, ^

Johnston, J

i, Morgan, D. ^

Morgan, J. S.

Those who voted for Mr. Chinn were—

Murrell,
Tomlinson,
Young, S.— 11.

Messrs. Barlow,
Burnett,

De Coui'cy,

Ford,

Guthrie,

Jasper,

May,

Pratt,

Rice,

Schooling,

Wallace,

W eller,

Willis,
Wingate,
Young, A.—15.

JOURNAL OF THE SENATE.

[Feb. l(j.

No one having received a majority of all the votes given.
The third vote stood thus:

Those who voted for Mr. Mayhall were-

Messrs. Ballinger,
Beatty,
Bradshaw,

Davidson,
Huston,
Walker, C. J.

Walker, J. V.
Watkins,
Wickliffe—9.

Those who voted for Mr. Holeman were-

Messrs. Clarke,
Dixon,
Hanson,
Jesup,

Johnston,
Morgan, D.
Morgan, J. S.
Murrell,

Pitts,

Tomlinson,
Young, S.—11.

Those who voted for Mr. Chinn were—

Messrs Barlow,
Burnett,

De Courcy,
Ford,
Guthrie,
James,

Jasper,

May,

Pratt,

Rice,

Schooling,

Wallace,

Weller,

Willis,
Wingate,
Young, A.—16.

No one having received a majority of all the votes given.
The fourth vote stood thus:

Those who voted for Mr. Mayhall were—

Messrs. Ballinger,
Beatty,
Bradshaw,

Davidson,
Huston,
Walker, C. J.

Those who voted for Mr. Holeman were-

Messrs. Clarke,
Dixon,
Hanson,
James,

Jesup,

Johnston,

Morgan, D.

Morgan, J. S.

Those who voted for Mr. Chinn were-

Messrs. Barlow,
Burnett,

De Courcy,
Ford,
Guthrie,
Jasper,

May,

Pitts,

Pratt,

Rice,

Schooling,

Walker, J. V.
Watkins,
Wickliffe—9.

Murrell,
Tomlinson,
Young, S.—11.

Wallace, ,
Weller,

Willis,
Wingate,
Young, A.—16.

No one having received a majority of all the votes given.

JOURNAL OF THE SENATE.

319

Ffb. 16.] J uuwl,JliJ -

The fifth vote stood thus—

Those who voted for Mr. Mayhall were—

Huston, Walker, C. J.

Messrs. Beatty,

Davidson,

Messrs. Bradshaw,
Clarke,
Dixon,
Hanson,
James,

Those who voted for Mr. Holeman were—

Tomlinson,
Watkins,
Wickliffe,
Young, S.—14.

Jesup,
Johnston,
Morgan, D.
Morgan, J. S.
Murrell,

Those who voted for Mr. Chinn were-

Messrs. Ballinger,

Barlow,

Burnett,

De Courcy,

Ford,

Guthrie,

No one having received a majority of all the votes given.
The nomination of Mr. Mayhall was then withdrawn.
The sixth vote stood thus—

Jasper,

Walker, C. J.

May,

Wallace,

Pitts,

Weller,

Pratt,

Willis,

Rice,

Wingate,

Schooling,

Young, A.—

Those who voted for Mr. Holeman were-

Messrs. Ballinger,
Beatty,
Bradshaw,
Clarke,
Davidson,
Dixon,
Hanson,

* Huston,

James,

Jesup,

Johnston,
Morgan, D.
Morgan, J. S.

Those who voted for Mr. Chinn

Murrell,
Tomlinson,
Walker, C. J.
Watkins,
Wickliffe,
Young, S,—19.

Messrs. Barlow,
Burnett,

De Courcy,
Ford,
Guthrie,
Jasper,

May,

Pitts,

Pratt,

Rice,

Schooling,
Walker, J. V.

Wallace,

Weller,

Willis,

Wingate,
Young, A.—17.

Mr. Jacob H. Holeman having received a majority of all the yotes given,
was declared duly elected Door Keeper of the Senate for the residue of the
present session.

Whereupon he took the several oaths prescribed by the Constitution of
the United States, and the Constitution and laws of this State.

320

JOURNAL OF THE SENATE.

[Feb. 16.

Bills from the House of Representatives of the following titles, were re¬
ported from the committees to whom they were referred, without amend¬
ment, viz:

By Mr. Guthrie, from the committee on the Judiciary—An act to amend
an act, entitled, an act to regulate the election of trustees of the town of
Scottsville.

An act to continue in force an act for the benefit of the holders of head-
right certificates.

An act to authorize the election of trustees of the town of Port Oliver,
in the county of Allen.

An act to extend the August term of the Anderson Circuit Court.

An act to regulate the 9th and 12th Judicial Districts.

An act to authorize the County Court of Woodford to convey to trus¬
tees a portion of the public square in the town of Versailles.

By Mr. Willis, from the committee of Propositions and Grievances_

An act to allow an additional Justice of the Peace in the counties of Pen¬
dleton and Warren.

An act to allow an additional Justice of the Peace in Carroll county.

An act to change the name of Eloisa Rook to that of Eloisa Marshall

An act allowing an additional Justice of the Peace to the county of
Logan, and an additional Constable to Hopkins county.

An act allowing one additional Justice of the Peace to the county of
Mercer.

An act for the benefit of Robert G. Lewis.

By Mr. Hanson, from the committee of Finance—An act to authorize
the settlement of the accounts of Worden Pope, late Clerk of the Jefferson
County and Circuit Courts.

An act for the benefit of the Sheriff of Floyd county.

An act for the benefit of Joseph McDowell.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red a bill from the House of Representatives, entitled, an act to amend an
act, entitled, an act to prevent the confliction of land claims, and to secure
to seaters and improvers a preference of location to lands improved by them,
reported the same without amendment.

Ordered, That the said bill be read a t hird time.

Mr. Guthrie, from the same committee, to whom was referred a bill from
theHouse of Representatives, entitled, an act to amend the charter of the

Feb. 16.]

JOURNAL OF THE SENATE.

321

city of Covington, reported the same with an amendment, and the said bill
was placed in the orders of the day.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to regulate the issuing of
executions from the Court of Appeals, reported the same with the opinion
of the committee that it ought not to pass.

The question being taken on reading the said bill a thiid time, it was de¬
cided in the negative, and so the said bill was disagreed to.

Mr. Guthrie presented the petition of Benjamin R. Pollard, Clerk of the
City Court of Louisville, praying for the passage of a law directing the Au¬
ditor to issue a warrant on the Treasury, in his favor, for his ex-officio ser¬
vices as Clerk of said court, which was received and referred to the com¬
mittee of Finance.

On the motion of Mr. Guthrie, the vote rejecting the petitions piaying
that the salary of Walker Reid may be the same as received by other Cir¬
cuit Judges, was reconsidered, and the said petitions were recommitted to
to the committee on the Judiciary.

Mr. Willis, from the committee of Propositions and Grievances, reported
the following bills, viz:

A bill for the benefit of the Sheriff of Caldwell county.

A bill to authorize the running and re-marking the line between Green
and Adair counties.

Which were each read the first time, and ordered to be read a second
time.

The constitutional rule as to the second reading being dispensed with,
Ordered, That the said bills be engrossed and read a third time.

The constitutional rule as to the third reading of the first bill being dis-
dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Willis, the committee of Propositions and Griev¬
ances was discharged from the duty of preparing and bringing in a bill to
allow Berryman H. Flowers to erect one gate across the road from Colum¬
bia to John Grider’s Ferry, on Cumberland river.

Mr. Hanson, from the committee of Finance, to whom was referred a bill
to inforce a uniform valuation of taxable property, reported the same with
amendments—which were concurred in.

Ordered, That the said bill be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis¬
pensed with, and the same being engrossed,

The question being taken on the passage thereof, it was decided in the
affirmative.

322 JOURNAL OF THE SENATE. [Feb. 16.

The yeas and nays being required thereon by Messrs. Ford and D. Mor¬
gan, were as follows, viz:

Those who voted in the affirmative were— *

Messrs. Ballinger, Hanson, Rice,

Barlow, Jesup, Schooling,

Beatty, Johnston, Wallace,

Bradshaw, May, Watkins,

Burnett, Morgan, D. Wickliffe,

Clarke, Morgan, J. S. Willis,

Davidson, Murrell, Wingate,

De Courcy, Pitts, Young, A.

Guthrie, Pratt, Young, S.—27..

Those who voted in the negative were—

Messrs. Ford. Jasper, Walker, J. V.

Huston, Tomlinson, Weller—6.

Resolved, That the title of the said bill be as aforesaid.

On the motion of Mr. Beatty, the committee on Education was discharged
from the further consideration of a bill from the House of Representatives,
entitled, an act making an appropriation to Anderson county Seminary, and
the said bill was referred to the committee of Finance.

Four mossages, in writing, were received from the Governor by Mr. Bul¬
lock, Secretary of State.

On the motion of Mr. James, the rule of the Senate was dispensed with,
and one of the said messages was taken up and read as follows, viz:

Executive Department, )
February 16, 1839. \

Gentlemen of the Senate:

I nominate for your advice and consent, Wiley P. Fowler, to be Judge
of the 16th Judicial District, in place of James Campbell, resigned.

JAS. CLARK.

The Senate went into secret session on the said nomination.

Resolved, That the Senate advise and consent to the said appointment.

The doors were then opened and the injunction of secrecy removed.

An act to incorporate the town of Rumsey, and to amend the charter of
the town of Caseyville, in Union county.

An act to incorporate the town of Louisa, in Lawrence county.

An act to incorporate the Kentucky and Louisville Mutual Insurance
Company.

Feb. 16 .]

323

An act to amend the cnarier 01 u.c ^

An act to regulate the mode of appointing trustees to the Cumberland

H An^act to allow an additional Justice of the Peace and Constable for
Washington county.

An act to regulate the town of Clay \ illage.

And bills which originated in the House of Representatives of the follow¬
ing titles, viz:

An act for the benefit of Thomas Sweeney.

An act for the benefit of John G. Scroggin, surveyor of Bourbon county.
An act appointing trustees of the Lebanon Academy, in Todd county.

An act for the benefit ol the Sheriff of Jefferson county.

An act for the divorce of Eliza PI. Bush.

An act for the divorce of John M. Emerson, Jr.

An act for the benefit of the Sheriff of Montgomery county.

An act for the benefit of William Vice.

An act for the benefit of the heirs of John Carey, deceased.

An act to establish the town of Hillsborough, in Fleming county.

An act to establish the town of Brooksville, in Bracken county.

An act to increase the powers of the trustees of the town of Columbia.
An act to incorporate the town of Port Royal.

An act to incorporate the Paris Fire, Life, and Marine Insurance Com.

324 JOURNAL OF THE SENATE. [Feb. 18.

An act for the benefit of Thompson N. Stratton, late Sheriff of Lewis
county.

An act to provide for running the line between Marion and Washington
counties.

An act for the divorce of Maria Iv. Vance.

An act for the benefit of the Sheriff of Livingston county.

An act for the relief of the widow and heirs of Robert S. Samuel.

An act to establish an election precinct at S. R. Pace’s store, in Barren
county.

An act to extend the limits of the town of Bowlinggreen, in Warren
county.

The Senate resumed the consideration of a bill to authorize the Southern
Railroad Bank to establish a branch in this State, and for other purposes.

The amendment, moved by Mr. Guthrie on yesterday, was discussed for
some time.

And then the Senate adjourned.

MONDAY, FEBRUARY 18, 1839.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments of the Senate to bills from that
House of the following titles, viz:

An act to provide for the appointment of Attorneys for the Common¬
wealth.

An act to allow an additional Justice of the Peace and Constable to
Bath county, and an additional Justice of the Peace lo Graves county.

An act for the benefit of the heirs and representatives of Jos. Walker.

An act for the benefit of James R. Wright, guardian of Eliza Jane
Curie, legalizing the sale of a slave made by him.

An act changing the terms of the Fayette Circuit Court.

3-25

Feb. 18.]

JOURNAL OF THE SENATE.

That they had passed bills from the Senate of the following titles, viz:

An act to repeal in part an act to change the bounds of the 7th division
of Kentucky Militia, and for other purposes.

An act authorizing the Clarke County Court to appoint a Treasurer.

An act for the relief of the Sheriff of Caldwell county.

An act increasing the powers of the trustees of Barboursville.

And that they had passed a bill, entitled, an act for the benefit of Stephen
R. Chenowith, Jailer of Jefferson county, and Henry Payne, Jailer of Union
county.

Mr. Murrell presented the petition of the trustees of Glasgow Academy,
praying for the passage of a law authorizing them to receive and appro¬
priate the fines and forfeitures of Barren county, assessed prior to the law
providing that fines and forfeitures should be a fund for the payment ol
jurors, which was received and referred to the committee on Education.

On the motion of Mr. Guthrie, the committee on the Judiciary was dis¬
charged from the further consideration of the memorial of sundry citizens ol
the town of Southland, in relation to chartering the Southern Bank of Ken¬
tucky.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
bills from the House of Representatives of the following titles, viz:

An act authorizing a sale of the land and slaves descended to Mary Mc-
Feeters.

An act for the benefit of Annie H. Blair, and the widow and heirs of

William C. Warfield.

An act concerning the estate of Daniel Riley, deceased—reported the
same without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Guthrie, from the same committee, to whom was referred the amend¬
ments proposed by the House of Representatives to a bill from the Senate,
entitled, an act to amend an act to alter the mode of summoning petit Jurors,
reported the same with amendments.

One of the said amendments reported from the committee, proposes to
strike out of the amendments proposed by the House oi Representatives,
the following section, viz:

Sec. 5. That the grand jurors shall receive, for their services, the sum of
one dollar per day for each day they shall serve, which shall be paid in the
same manner they are paid under the existing laws.

The question being taken on striking out the said section, it was decided
in the affirmative.

JOURNAL OF THE SENATE.

[Feb. IS.

The yeas and nays being required thereon by Messrs. De Courcy and
James, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty,

Bradshaw,

Burnett,

Clarke,

Davidson,

Ford,

Guthrie,

ITanson,

Huston,

Jesup,

Johnston,

Pitts,

Schooling,

Walker, C. J.
Walker, J. V.
Wallace,

Wick li He,
Young, S.
Young, A.—19.

Those who voted in the negative were—

Messrs. Ballinger, May, Tomlinson,

Barlow, Morgan, J. S. Watkins,

De Courcy, Murrell, Weller,

Dixon, Pratt, Willis,

James, Rice, Wingate—16.

Jasper,

The amendments reported from the committee were concurred in, and
the amendments proposed by the House of Representatives were concur¬
red in, as amended.

Bills from the House of Representatives of the following titles, were re¬
ported from the several committees to whom they were referred, without
amendment, viz:

By Mr. Willis, from the committee of Propositions and Grievances—
An act to change the names of Elizabeth Harris’ children.

By Mr. Wingate, from the committee of Religion—An act for the di¬
vorce of Rhoda Lytle.

An act to incorporate the trustees of the Mount Zion Methodist Epis¬
copal Church, in Bracken county.

An act for the benefit of certain subscribers to the Protestant Episcopal
Church of Russellville.

An act for the divorce of Sarah McGinnis.

By Mr. Hanson, from the committee of Finance—An act for the benefit
of Sandy FI. Aldridge.

An act for the benefit of the Clerks of this Commonwealth.

Ordered , That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

The following bills w r ere reported, viz:

By Mr. Willis, from the committee of Propositions and Grievances—1. A
bill to amend the several laws in force for the town of Lebanon.

Tomlinson,

Watkins,

Weller,

Willis,

Wingate—] 6.

Feb- 18.] JOURNAL OF THE SENATE. 327

By Mr. Guthrie, from the committee on the Judiciary—‘2. A bill further

definin'* the offence of burglary by a slave.

By Mr. Hanson, from the committee of Finance—3. A bill for the benefit

of the Clerk of the City Court ol Louisville.

Which bills were severally read the first time, and ordered to be read the

Se< The constitutional rule as to the second reading being dispensed with,
Ordered, That the said bills be engrossed and read a third time.

The constitutional rule as to the third reading of the third bill being dis¬
pensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Willis moved to take up the resolution from the House of Repre¬
sentatives, fixing a day for the adjournment of the Legislature, which is as
follows, viz:

“In House op Representatives, February 2, 1S39. —Resolved by the
General Assembly of the Commonwealth of Kentucky, That when they
adjourn on the 18th instant, they will adjourn without day.—Attest, Tuos.
J. Heem, C. H. R.”

The question being taken on taking up the said resolution, it was decided
in the negative.

The yeas and nays being required thereon by Messrs. Willis and Rice,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,
Beatty,
Burnett,
Dixon,
Ford,

Guthrie,

Huston,

Jasper,

Jesup,

Johnston,

Rice,

Schooling,

Watkins,

Willis,

Wingate— 15.

Those who voted in the negative were—

Messrs. Ballinger,
Bradshaw,
Clarke,
Davidson,
De Courcy,
Hanson,
James,

May,

Morgan, D.
Morgan, J. S.
Murrell,

Pitts,

Tomlinson,
Walker, C. J.

Walker, J. V.
Wallace,
Weller,
Wickliffe,
Young, A.
Young, S.—20.

Mr. Wingate moved to take up the resolution oftered by him on the 2od
ultimo, fixing a day for the adjournment of the General Assembly.

The question being taken thereon, it was decided in the negative.

33S

JOURNAL OF THE SENATE.

[Feb. 19,

The yeas and nays being required thereon by Messrs. Hanson and Bar¬
low, were as follows, viz:

Those who voted in tire affirmative were-

Messrs. Barlow,
Beatty,
Bradshaw,
Burnett,
Dixon,
Ford,

Guthrie,

Huston,

Jasper,

Jesup,

Johnston,

Murrell,

Rice,

Schooling,

Watkins,

Willis,

Wingate—17.

Those who voted in the negative were—

Messrs. Ballinger,
Clarke,
Davidson,
De Courcy,
Hanson,
James,
May,

Morgan, D.
Morgan, J. S.
Pitts,

Pratt,
Roberts,
Tomlinson,
Walker, C. J.

Walker, J. V.
Wallace,
Weller,
Wickliffe,
Young, A.
Young, S.—20.

The Senate resumed the consideration of a bill to authorize the South¬
western Railroad Bank to establish a branch in this State, and for other pur¬
poses.

The amendment offered thereto by Mr. Guthrie was further discussed.
And then the Senate adjourned.

TUESDAY, FEBRUARY 19, 1839.

A message was received from the House of Representatives, announcing
that they had disagreed to a bill from the Senate, entitled, an act to au¬
thorize a survey of the road from Hartford to Russellville.

That they had passed bills which originated in the Senate of the following
titles, viz:

An act for the benefit of Tabitha Hix.

An act for the benefit of the Sheriff of Marion county.

An act for the benefit of John Weeks, late Sheriff of Caldwell county.

An act for the benefit of Austin S. Tyler, Sheriff of Hickman county.

An act for the benefit of John M, Emerson and his securities.

Feb. 19.] JOURNAL OF THE SENATE. 329

An act for the benefit of the widow and heirs of Stephen Gilbert, de-
ceased •

An act to amend an act, entitled, an act to incorporate the Lebanon and
Marion Turnpike Road Company, approved February 17th, 1836.

An act to close up the old road over Muldrow’s hill.

An act to amend an act to incorporate the Hopkinsville and Clarksville
Turnpike Road Company.

An act for the benefit of the late and present Sheriffs of Washington
countv.

An act to authorize the Scott County Court to impose an additional coun¬
ty levy.

An act for the benefit of Noah C. Summers, and others.

An act to amend an act, entitled, an act supplemental to an act providing
for the compensation of jurors, approved February 23, 1837.

An act to amend the charter of the Logan, Todd and Christian Turn¬
pike Road Company, with amendments to the five last named bills.

That they had passed bills of the following titles, viz:

1. An act to amend an act, entitled, an act to amend and reduce into one
the several acts for the inspection of tobacco, approved February 10, 1798.

2. An act to authorize the entry of vacant fractions of land west of the
Tennessee river, and for other purposes.

3. An act to legalize certain proceedings of the Morgan County Court.

4. An act further to regulate the establishing of ferries, and the granting
of ferry privileges across the Ohio river, and for other purposes.

5. An act to authorize the County Court of Ohio county to take stock in
the Hartford Bridge Company.

6. An act respecting the fines and forfeitures in the Police Court of the
city of Lexington.

7. An act for the benefit of the Sheriff of Gallatin county.

8. An act for the benefit of the Sheriff of Livingston county.

9. An act in relation to the Frankfort and Paris Fire Companies.

10. An act for the benefit of the mechanics of Brandenburg.

11. An act to incorporate the Covington Social Library.

12. An act for the benefit of B. H. Flowers, of Russell county, and Wm.
Gates, of Monroe county.

13. An act allowing additional Justices of the Peace to several counties )
and for other purposes.

14. An act for the benefit of the heirs and representatives of William
Meredith, deceased.

15. An act to incorporate the Bowlinggreen Fire, Life and Marine In¬
surance Company.

16. An act for the benefit of M. J. W. Ambrose and wife.

330

JOURNAL OF THE SENATE.

[Feb. 19.

17. An act to change the time of holding the Muhlenburg Circuit Court.

The said bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading being dispensed with,
the 1st, 2d, 3d, 4th, 6th, 9th, 10th, 14th, 15th, 16th and 17lh were referred
to the committee on the Judiciary; the 5th to the committee of Internal
improvement; the 7th to the committee of Finance; the 11th to the com¬
mittee on Education ; the 13th to the committee of Propositions and Griev¬
ances, and the 8th and 12th were ordered to be read a third time.

The constitutional rule as to the third reading of the 8th bill being dis¬
pensed with,

Resolved, That the said bill do pass and that the title thereof be as afore¬
said.

1. Mr. Clarke presented the petition of Francis Merriman and William
Miller, praying for the passage of a law authorizing an exchange of a tract
of land belonging to the children of the said William for another tract.

2. Mr. Schooling presented the petition of the members of the Lebanon
Lyceum, praying for an act of incorporation.

Which were received, and the first referred to the committee on the Ju¬
diciary, and the second to the committee on Education.

An engrossed bill, entitled, an act to amend the several laws in force for
the town of Lebanon, was read the third time.

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

My Beatty, from the committee on Education, reported a bill for the
benefit of the trustees of the Glasgow Academy.

Which was read the first time and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,
the said bill was referred to the committee on Education.

The Senate resumed the consideration of a bill to authorize the South¬
western Railroad Bank to establish a branch in this State, and for other
purposes.

The thirty fourth section thereof is as follows, viz:

Sec. 34. And be it further enacted, That in case the said banking corpora¬
tion should establish a branch in the State of Kentucky, the principal Bank
in Charleston, and branches thereof in the several States, shall never charge
and receive a higher premium than one half of one per cent, on the checks
that may be drawn by one on another; and that whenever the said principal
Bank, or any of its branches, shall draw any check on any other Bank in
any of the States of Kentucky, Tennessee, North Carolina or South Caro¬
lina, or elsewhere, it shall not charge and receive a higher premium than
one halt ol one per cent.: provided, that the Bank on which such check
shall be drawn, shall, by reciprocal agreement, draw on the said principal
Bank, and its branches, at no higher premium ; and in case the said principal

Ffb. 19-]

JOURNAL OF THE SENATE.

Ronl- or anv of its branches, shall receive a higher premium than one half
of one per cent, on any of its drafts or checks, aforesaid, the whole pre¬
mium paid thereon, with one hundred per cent, damages and cost of suit
may be recovered back, in an action for money had and received, against
Se principal Bank, or the branch, which may have received such illegal pre-

m The amendment moved by Mr. Guthrie proposes to strike out of the said

section the proviso printed in italics. . .

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. \V illis and Huston,

were as follows, viz:

Messrs. Barlow,
Beatty,
Burnett,
Dixon,
Ford,
Guthrie,

Those who voted in the affirmative were—

f Huston, Pitts,

James, Rice,

t Jasper, Schooling,

Jesup, Watkins,

Johnston, Wil'is,

, Murrell, Wingate—18.

Those who voted in the negative were—

Messrs. Ballinger, Morgan, D. Walker, J. Y.

Bradshaw, Morgan, J. S. Wallace,

Clarke, Pratt, Wei er

Davidson, Boberts, Wickliffe,

DeCourcy, Tomlinson, Young, A.

Hanson, Walker, C. J. Young, S. 19.

May,

Mr. Ballinger moved to amend the said bill by adding thereto the follow¬
ing section, viz:

Be it further enacted , That the branch of said Bank, established in this
State, shall be bound to receive the notes issued by the mother Bank, or any
of its branches, whether payable at said branch or not, from individuals or
from the Banks incorporated by this State, in discharge of any balance which
may be due from any of them to said branch.

Mr. Guthrie moved to amend the said amendment by adding thereto the
following, viz:

“That said Bank shall not pay out, through any branch she may establish
in Kentucky, or otherwise, in this Commonwealth, the notes issued by the
mother Bank, or either of the branches, in the States of North Carolina or
Tennessee.”

The question being taken thereon, it was decided in the negative.

The yeas arid nays being required thereon by Messrs. Guthrie and Bal¬
linger, were as follows, viz:

JOURNAL OF THE SENATE.

Those who voted in the affirmative were-

Messrs. Barlow,
Beatty,
Burnett,
Dixon,
Ford,
Guthrie,

Huston,

Jasper,

Jesup,

Johnston.

Murrell,

Rice,

Schooling,
Walker, J. V.
Watkins,
Willis,

Wingate—17.

Those who voted in the negative were-

Messrs. Ballinger, May,

Bradshaw, Morgan, D.

Clarke, Morgan, J. S.

Davidson, Pitts,

De Courcy, Pratt,

Hanson, Roberts,

James, Tomlinson,

The amendment, moved by Mr. Ballinger, was adopted, and the bill was
further amended.

Mr. Jesup moved to amend the said bill by adding thereto the following
section, viz:

Be it further enacted , That there shall not be established, in this State, any
branch or agency of the foregoing Bank, where there is now established any
Bank in a town, or city in this State.

Mr. J. S. Morgan moved the previous question.

The question being taken, “shall the main question be now put,” it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Watkins and
Jasper, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,

Bradshaw,

Clarke,

Davidson,

De Courcy,

Hanson,

James,

Walker, C. J.
Wallace,
Weller,
Wickliffe,
Young, A.
Young, S.—20.

May,

Morgan, D.

Morgan, J. S.

Pratt,

Roberts,

Tomlinson,

Walker, C. J.

Those who voted in the negative were-

Huston,

Jasper,

Jesup,

Johnston,

Murrell,

Pitts,

Walker, J. V.
Wallace,
Wickliffe,
Wingate,
Young, A.
Young, S.—20.

Messrs. Barlow,
Beatty,
Burnett,
Dixon,
Ford,
Guthrie,

Rice,

Schooling,
Watkins,
Weller,
Willis—17.

Feb 19<] journal of the senate. 3-33

The question was then taken on engrossing and reading the said bill a
third time, and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ford and Watkins,

wepe as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Bradshaw,
Clarke,
Davidson,
De Courcy,
Hanson,
May,

Morgan, D.
Morgan, J. S.
Pratt,

Roberts,
Tomlinson,
Walker, C. J.

Walker, J. V.
Wallace,
Weller,
Wickliffe,

Young, A.
Young, S.—19.

Those who voted in the negative were-

Messrs. Barlow,
Beatty,
Burnett,
Dixon,
Ford,
Guthrie,

Huston,

James,

Jasper,

Jesup,

Johnston,

Murrell,

Pitts,

Rice,

Schooling,

Watkins,

Willis,

Wingate—IS.

VJi U Llir j * 7 ■ —d -

The constitutional rule as to the third reading of the said bill being dis¬
pensed with, and the same being engrossed,

The question being taken on the passage of the said bill, it was de¬
cided in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and Wick¬
liffe, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,

Morgan, D.

Walker, J. Y.

Bradshaw,

Morgan, J. S.

Wallace,

Clarke,

Pratt,

Weller,

Davidson,

Roberts,

Wickliffe,

De Courcy,

Tomlinson,

Young, A.

Hanson,

Walker, C. J.

Young, S.—l!

May,

Those who voted in the negative

were—

Messrs. Barlow,

Huston,

Pitts,

Beatty,

James,

Rice,

Burnett,

Jasper,

Schooling,

Dixon,

Jesup,

Watkins,

Ford,

Johnston,

Willis,

Guthrie,

Murrell,

Wingate—18.

Resolved, That the title of the said bill be as aforesaid.

334

JOURNAL OF THE SENATE.

An act to amend an act, entitled, an act to prevent further confliction
in land claims, and to secure to seaters and improvers, a preference of loca¬
tion to lands improved by them.

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

A bill from the House of Representatives, entitled, an act for the benefit
of the infant heirs ot Edward Ho'rd, deceased, was read the third time, as
amended.

Resolved, That the said bill, as amended, do pass, and that the title
thereof be as aforesaid.

Bills from the House ot Representatives of the following titles were read
the first time and ordered to be read a second time, viz:

1. An act to provide for the internal improvement of the State.

2. An act to incorporate a company to construct a turnpike road from the
mouth of Salt river to Smithland.

3. An act to allow an additional Constable to the county of Monroe.

4. An act for the benefit of Stephen R. Chenowith, jailer of Jefferson
county, and Henry Payne, jailer of Union county.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st and 2d were referred to the committee of Internal
Improvement; the 4th to the committee of Finance, and the 3d was ordered
to be read a third time.

The constitutional rule as to the third reading of the third bill being dis¬
pensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore-
said.

Mr. De Courcy,from the committee appointed for that purpose, reported
a bill to amend an act, entitled, ah act offering a further reward for the dis¬
covery of the cause of the disease called the milk sickness.

Which was read the first time and ordered to be read a second time.

The constitutional rule as to the second and third readings of the said bill
being dispensed with, and the same being engrossed,

335

Feb. 19.J JOURNAL OF THE SENATE.

Reso lved, That the said bill-do pass, and that the title thereof be as dfore-

Sal Mr Bin-low, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills which originated m the Senate, of the
following titles, and had found the same truly enrolled, viz:

An act to repeal in part an act to change the hounds of the 7th division
of Kentucky Militia, and for other purposes.

An act increasing the powers of the trustees of Barboursville.

An act authorizing the Clarke County Court to appoint a Treasurer.

An act for the benefit of the Sheriff of Marion county.

' An act for the benefit of John Weeks, late Sheriff of Caldwell county.
An act for the relief of the Sherifi of Caldwell county.

4n act for the benefit of John M. Emerson and his securities.

An act for the benefit of Austin S. Tyler, Sheriff of Hickman county.
An act for the benefit of the widow and heirs of Stephen Gilbert, de-

An act to amend an act, entitled, an act to incorporate the Lebanon and
Marion Turnpike Road Company, approved Feb. 17, 1S36.

An act to close up the old road over Muldrow’s Hill.

An act for the benefit of Tabitha Hix.

A n act to incorporate the Hopkinsville and Clarksville 1 urnpike Road
Company.

And that they had examined enrolled bills which originated in the House
of Representatives of the following titles, viz:

An act to change the time of holding the Harlan, Perry, Breathitt and
Clay Circuit Courts.

An act for the benefit of John Myers,

An act to incorporate the Hickman Turnpike Road Company.

An act to amend an act, entitled, an act to incorporate the Jefferson Pond
Draining Company, and Rough Creek Manufacturing Company.

An act for the benefit of William Gilpin and Frances Gilpin.

An act to incorporate the Newton Society of Bacon College.

An act to reduce into one the several attachment laws, and for settling
proceedings on attachments against absconding debtors.

An act concerning the towns of Warsaw and Monticello.

An act for the benefit'of James W. Finnie.

An act for the befiefit of George W. Williams.

An act requiring a special County Court to be held in Shelby county for
the purpose of swearing in deputy Sheriffs.

An act for the benefit of John Steele.

An act to change the place of voting in the Scafile Cane precinct, in
Rockcastle county.

330

[Feb. l9_

JOURNAL OF THE SENATE.

An act lor the benefit of Fountain Cunningham.

An act to establish an election precinct in Christian county.

A' 1 act to abolish an election precinct at Peter Miller’s, on Knob creek
in Bullitt county. ' K ’

An act for the divorce of Rebecca Hutchinson.

An act for the benefit of Dawson Elliott, of Madison county.

An act to incorporate the town of Wyoming, in the county of Bath
An act for the benefit of the Clerks and Sheriffs of this Commonwealth.
An act for the benefit of Enoch Yantis.

An act to amend the several acts concerning the towns of Paris and
Elizabethtown.

An act to establish the Southern Bank of Kentucky.

An act authorizing the sale of real estate of Hiram Spurlocks, deceased
and lor other purposes.

An act lor the benefit of the Clerks of this Commonwealth.

The said bills being signed by the Speaker of the House of Representa¬
tives, the Speaker of the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for his appro¬
bation and signature. After a short time Mr. Barlow reported that the
committee had performed that duty.

A message was received from the House of Representatives, announcing
that they had disagreed to the amendments proposed by the Senate to the
amendments proposed by that House to a bill from the Senate, entitled, an
act to amend an act to alter the mode of summoning petit jurors, and for
other purposes, and that they had appointed a committee of conference
thereon on their part.

The Senate insisted on their said amendments, and Messrs. Hanson and
Guthrie were appointed a committee of conference on the part of the Sen¬
ate.

On the motion of Mr. Wingate, a resolution from the House of Repre¬
sentatives, fixing a day for the adjournment of the Legislature, was taken
up and amended by striking out ISth and inserting 23d instant, as the day
of the adjournment, and concurred in.

Engrossed bills of the following titles, were severally read the third time
viz:

An act for the relief of the securities of Wesley M. Garnett, deceased,
and Henderson Murphy.

An act for the benefit of John Boggess and his securities.

An act to authorize the running and re-marking the line between Green
and Adair counties.

An act further defining the offence of burglary by a slave.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

JOURNAL OF THE SENATE.

537

Fun. 20.] JOURNAL OF THE SENATE. 337

The amendments proposed by the House of Representatives to bills from
the Senate of the following titles, were severally twice read and concurred
in, viz:

An act for the benefit of the late and present Sheriffs of Washington
county.

An act to incorporate the Transylvania Institute, and for ther purposes.

An act to amend the charter of the Logan, Todd and Christian Turnpike
Road Company.

An act to authorize the Scott County Court to impose an additional
county levy.

An act to amend an act, entitled, an act supplemental to an act providing
for the compensation of Jurors, approved Feb. 23, 1S37.

And then the Senate adjourned.

WEDNESDAY, FEBRUARY 20, 1S39.

A message was received from the House of Representatives announcing
that they had passed a bill from the Senate, entitled, an act to amend the
several laws in force for the town of Lebanon.

And that they had passed bills of the following titles, viz:

1. An act providing for the purchase of certain books for the use of the
State.

2. An act to amend an act, entitled, an act to increase the resources of
the Sinking Fund.

3. An act for the benefit of Recter Gore and others.

4. An act for the divorce of Richard Lucas.

5. An act for the divorce of Polly T. Ellison.

6. An act to amend the charter of the Louisville and Elizabethtowm Turn¬
pike Road Company.

Which bills were severally read the first time, and ordered to be read the
second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st was referred to the committee on the Library;
the 2d to the committee of Finance; the 3d to the committee on Military
Affairs; the 4th and 5th to the committee of Religion, and the 6th to the
committee of Internal Improvement. .

338 JOURNAL OF THE SENATE. [Feb. 20.

The amendments proposed by the House of Representatives to a bill from
the Senate, entitled, an act for the benefit of Noah C. Summers, and others,
were twice read and concurred in.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
the petition of Daniel Allnutt; the petition of Willis W. Harbourt, and the
petition ol M. A. Stemmons, reported the same with the following resolu¬
tion thereon, viz:

Resolved, That the said petitions be rejected—which was concurred in.

Mr. Guthrie, from the same committee, to whom was referred the pe¬
titions of sundry citizens, praying that the salary of Walker Reid may be
the same as received by other Circuit Judges, reported the following resolu¬
tion thereon, viz:

Resolved, That the said petitions be rejected.

Mr. Beatty moved to recommit the said petitions to the same committee,
with instructions to report a bill pursuant to the prayer thereof.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Beatty and Wat¬
kins, w'ere as follows, viz:

Those who voted in the affirmative were-

Messrs. Beatty, May,

De Courcy, Pratt,

Ford, Rice,

Jesup, Schooling,

Those who voted in the negative were-

Messrs. Ballinger, Guthrie,

Barlow, Hanson,

Bradshaw, Huston,

Burnett, Jasper,

Clarke, Johnston,

Davidson, Morgan, J. S.

Dixon, Murrell.

Wallace,

Willis,

Young, S.—11

339

Feu. 20.] JOURNAL OF THE SENATE. 339

The fifth amendment proposes to add to the bill the following section, viz:

“That the second Auditor shall do and perform all the duties herein requir¬
ed of him in the settlement of accounts, and when such accounts have been
audited and settled by him, he shall draw warrants accordingly ; and when
balances are due the Treasury, shall certify the same to the I reasurer, as
now directed by law, and shall, thereupon, present said settlements and war¬
rants, or certificates, to the Auditor, who shall, thereupon, endorse the war¬
rants and certificates so drawn; and no warrant upon the Public Treasury
drawn by the second Auditor, shall be regarded as authentic, until it shall
have been so endorsed by the Auditor; and the Auditor shall have the con¬
trol of said 'department, and in case of a difference of opinion, touching the
lerral duties of the Auditor and second Auditor, the opinion of the Auditor
shall prevail, subject, however, to the opinion of the Attorney General.

The question being taken on disagreeing to the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and
Willis, were as follows, viz:

Those who voted in the affirmative were—

:. Ballinger,

Hanson,

Pitts,

Barlow,

Huston,

Roberts,

Beatty,

Jasper,

Walker, C. J.

Bradshaw,

Johnston,

Watkins,

Clarke,

Morgan, D.

Weller,

Davidson,

Morgan, J. S.

Wingate,

Ford,

Guthrie,

Murrell,

Young, !S.—22.

Those who voted in the negative were—

Messrs. Burnett,

De Courcy,

Dixon,

May,

Pratt,

Rice,

Schooling,
Walker, J.Y.

Wallace,
Wickliffe,
Willis—11.

Bills from the House of Representatives of the following titles, were re¬
ported from the several committees to -whom they -were referred, without
amendment, viz:

By Mr. Guthrie, from the committee on the Judiciary—An act for the
benefit of the heirs of Ruben Sullinger, deceased.

By Mr. Willis, from the committee of Propositions and Grievances—
An act allowing additional Justices of the Peace to several counties, and for
other purposes.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

340

JOURNAL OF THE SENATE.

[Feb. 20.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
a bill more effectually to protect the lives of citizens of this Commonwealth
from being taken by persons carrying concealed, deadly weapons, not ne¬
cessary for self-defence, or that of the State, reported the same with an
amendment—which was concurred in.

Ordered, That the said bill be engrossed and read a third time.

On the motion of Mr. Dixon, leave of absence, from the service of the
Senate, was granted to him tor the residue ot the present session.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red a bill from the House of Representatives, entitled, an act to change the
time of holding the Muhlenburg Circuit Court, reported the same with an
amendment—which was concurred in.

Ordered, That the said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,
Resolved, That said bill, as amended, do pass, and that the title thereof
be as aforesaid.

Mr. Willis, from the committee of Propositions and Grievances, to whom
was referred a bill from the House of Representatives, entitled, an act to
add a part o. Pulaski to Russell county, reported the same with an amend¬
ment—which was concurred in.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,
Resolved, That the said bill, as amended, do pass, and that the title be
as aforesaid.

The following bills were reported, viz:

By Mr. Guthrie, from the committee on the Judiciary—A bill for the
benefit ol William N. Taul’s representatives.

A bill to provide for writing out certificates and recording certain deeds
in the Clerk’s office of the Hickman County Court.

By Mr. Willis, from the committee of Propositions and Grievances—A
bill to incorporate the town of Locust Port, in Union county.

By Mr. Wicklifie, from a select committee— A bill for the appropriation
of the fines in the city of Lexington, and for other purposes.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second and third readings of the said
bills being dispensed with, and the same being engrossed,

Resolved, That the said bills do pass, and that the titles thereof be aj
aforesaid.

Mi. Willis, from the committee of Propositions and Grievances, reported
a bill to repeal the law creating the office of Superintendent of Public In¬
struction which was read the first time as follows, viz :

JOURNAL OF THE SENATE.

Feb. 20.]

311

Be it enacted by the General Assembly of the Commonwealth of Kentucky,
That all laws which authorize a salary to the Superintendent of Public In¬
struction be, and the same are hereby repealed.

Ordered, That the said bill be read a second time.

The constitutional rule as to the second reading being dispensed wit.b,
Mr. Wickliffe moved to lay the said bill on the table until the first day of
June next.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and
Willis, were as follows, viz;

Those who voted in the affirmative were—

Messrs. Beatty,
Clarke,
Davidson,
De Gourcy,
Ford,

May,

Morgan, J. S.
Pratt,

Rice,

Schooling,

Walker, C. J.
Wallace,
Watkins,
Weller,
Wickliffe—15.

Those who voted in the negative were—

Messrs. Ballinger, Jasper,

Barlow, Jesup,

Bradshaw, Johnston,

Burnett, Murrell,

James, Pitts,

Tomlinson,
Walker, J. V.
Wil'is,

Wingate—14.

Mr. Wingate, from the committee of Religion, to whom was referred
bills from the House of Representatives of the following titles, viz:

An act for the divorce of Samuel Smedley.

An act for the divorce of Washington Sherer

An act for the divorce of Mary Ann Summers.

An act for the divorce of James Helton.

An act for the divorce of Margaret M. Pulliam.

An act for the divorce of Joseph Shropshire, reported the same with the
opinion of the committee that they ought not to pass.

The question being taken on reading the said bills a third time, it was
decided in the negative, and so they were disagreed to.

Mr. Wingate, from the same committee, to whom was referred a bill
from the House of Representatives, entitled, an act for the divorce of Nancy
T. Sanders, reported the same with the opinion of the committee that it
ought not to pass.

Ordered, That the said bill be read a third time.

Mr. Ballinger, from the committee of Internal Improvement, who were
instructed to inquire into the conduct of James R. Skiles, a member of the

342 JOURNAL OF THE SENATE. [Fed. 20

Board of Internal Improvement, made a report, and the subject was post¬
poned until Friday next.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments of the Senate to bills from that
House of the following titles, viz:

An act for the benefit of the infant heirs of Edward Hord, deceased.

An act to add a part of Pulaski to Russell county.

An act to change the time of holding the Muhlenburg Circuit Court.
That they had passed a bill, entitled, an act to require the Register to
register certain surveys, and requiring the appointment of a Treasurer of
the School Fund, in Wayne county.

And that they had receded from the third, and insisted on the fifth amend¬
ment proposed by them to a bill from the Senate, entitled, an act establish¬
ing the office of Comptroller of the Treasury, and for other purposes, and
had appointed a committee of conference thereon, on their part.

\\ heieupon, IVIessis. Ilanson and Guthrie wei'e appointed a committee of
conference on the part of the Senate.

Mr. Barlow, from the committee of Enrollments, reported that the com¬
mittee had examined enrolled bills which originated in the House of Rep¬
resentatives ol the following titles, and had found the same truly enrolled,
viz:

An act to provide for the appointment of Attorneys for the Common¬
wealth.

An act to allow additional Justices of the Peace and Constables to several
counties.

An act for the benefit of the heirs and representatives of Jos. Walker.

An act for the benefit of James R. Wright, guardian of Eliza Jane
Curie, legalizing the sale of a slave made by him.

An act changing the terms of the Fayette Circuit Court.

An act to change the name of Eloisa Rook to that of Eloisa Marshall
An act to extend the August term of the Anderson Circuit Court.

An act to allow an additional Justice of the Peace in the counties of Pen¬
dleton and Warren.

An act to allow an additional Justice of the Peace in Carroll county.

An act to continue in force an act for the benefit of the holders of head-
right certificates.

An act allowing one additional Justice of the Peace to the county of
Mercer. J

An act to legulate the 9th and 12th Judicial Districts.

An act to authorize the County Court of Woodford to convey to trus¬
tees a portion of the public square in the town of Versailles.

Fed. 20.]

343

JOURNAL OF THE SENATE.

An act to amend an act, entitled, an act to regulate the election of trus¬
tees of the town of Scottsville.

An act to authorize the election of trustees of the town of Port Oliver,

in the county of Allen.

An act for the benefit of Joseph McDowell.

An act for the benefit of Robert G. Lewis.

An act allowing an additional Justice of the 1 eace to the county of
Loo-an, and an additional Constable to Hopkins county.

An act for the benefit of the Sheriff of Floyd county.

An act to authorize the settlement of the accounts of Worden I ope,
late Clerk of the Jefferson County and Circuit Courts.

And that they had examined enrolled bills which originated in the Senate

of the following titles, viz:

An act to amend an act, entitled, an act supplemental to an act providing
for the compensation of jurors, approved February 23, 1S37.

An act to amend the charter of the Logan, Todd and Christian Turn¬
pike Road Company.

An act for the benefit of Noah C. Summers, and others.

An act to authorize the Scott and Anderson County Courts to impose an
additional county levy.

An act to incorporate the Transylvania Institute, and for other purposes.
An act to regulate the administration and settlement of estates.

An act for the benefit of the late and present Sheriffs of Washington

county.

Leave was given to bring in the following bills, viz:

On the motion of Mr. De Courcy—A bill for the benefit of the Sheriff
of Campbell county.

On the motion of Mr. Schooling—A bill to repeal in part an act incorpoi-
ating a company to make a turnpike road through Lebanon, Greensburg,
Glasgow and Scottsville, to the Statelline, appaoved February 11, 1S35.

JOURNAL OF THE SENATE,

Executive Depatment, )

n ,, , February 20, 1839.

Gentlemen of the Senate:

I nominate for your advice and consent, John 'Morris, to be Sheriff of the
county of Hardin, who was previously commissioned as such, but omitted
because of a misconstruction of the law, to take the oath and execute bonds
of office, as required by law, at the January term of the County Court f or
said county. J r

JAS. CLARK.

Resolvedf That the Senate advise and consent to the said appointment.

A message, in writing, received from the Governor on the lCtli instant
was taken up and read as follows, viz:

Executive Department, >

„ Frankfort, February 16th, 1S39.

Executive Department, >

s . Indianapolis, February 6th, 1S39. j

In obedience to the direction of the General Assembly of of the State
of Indiana, I have, herewith, the honor of transmitting to your Excellency
a copy of “ a joint resolution relative to the Southern States,” together with
a pi earn de and resolution of the House of Representatives, and a certified
s atement of the vote of both Houses, on the passage of said joint resolution-
tureof Kemilcl tU ^ le( * UeSt ’ ' OU cause to be submitted to the Legisla-

With great respect, I remain

Your Excellency’s ob’t serv’t,

To His Excellency, James Clark, DAYID WALLACE -

Governor of Kentucky.

A Joint Resolution of the General Assembly of the State of Indiana, relative

to the Southern States.

iJt SOlVed hyJ^ General Asscmbly of the State of Indiana, That any in-
terference in the domestic institutions of the slaveholding States of the Un¬
ion, (without their consent,) either by Congress or the State Legislatures.

Feb. 20.]

JOURNAL OF THE SENATE.

is contrary to the compact by which those States became members of the
Union.

Resolved, That any such interference is highly reprehensible, unpatriot¬
ic, and injurious to the peace and stability of the union of the States.

Resolved , That a copy of this resolution be forwarded to each of our
Representatives and Senators in Congress.

Be it resolved by the General Assembly of the State of Indiana, That the
Governor of this State be, and he is directed to cause to be communicated to
the Executives of the several States of the Union, copies of the joint resolu¬
tion relative to the Southern States, with a request that the same be, by
them, communicated to their respective State Legislatures.

TH. J. EVANS,

Speaker of House of Rep.

Approved, February 5th, 1839,

DAVID HILLIS,

President of the Senate.

DAVID WALLACE.

Legislative Department, )

House of Representatives, Indiana, January 30,1839. j

“ Whereas a communication has been received by this House from his
Excellency, David Wallace, Governor of Indiana, enclosing a communica¬
tion from the Executive of Kentucky, requesting a copy as soon as adopted of
certain resolutions relative to the Southern States, for the purpose of of sub¬
mitting the same to the consideration of the Legislature of that State. Du¬
ly appreciating the friendly terms in which the communication referred to,
is conceived; and desirous of cultivating the most friendly relations with
our sister States, particularly Kentucky, endeared to so many of our citizens
by the ties of kindred and nativity; and at the same time desirous on all
occasions of affording evidence that Indiana disclaims all right, either directly
or indirectly, to interfere with the domestic institutions of the several States,
as secured to them by the articles of confederation, and believing as she
does, that a different policy is calculated to weaken the bonds, if not dissolve
the Union of the States. Therefore,

Resolved, by the House of Representatives, That the Clerk of this House
be directed to furnish his Excellency, the Governor a certified copy of the
vote of this House, adopting the joint resolution relative to the Southern
States. And that the Governor is hereby requested to transmit the same,
together with a copy of this resolution, to his Excellency, the Governor of
Kentucky, in compliance with the request contained in the communication
from the Executive of that State.”

Adopted in the House of Representatives, January 30, 1S39.

Attest,

J. T. ELLIOTT, Clerk,

I f

346

JOURNAL OF THE SENATE.

[Fed. 20.

House of Representatives, )

Indiana, December 31s<, 1838. \

The joint resolution, entitled, “A joint resolution on the subject of the
Southern States,” came up, on its passage, and the vote thereon was.

Ayes, ------- 87

Noes,.1

January 30, 1S39.

Witness,

J. T, ELLIOTT, c. h. r.

Sir:

Senate Chamber,

Indiana, February 6, 1839,

In compliance with your request to furnish the vote of the Senate
on the joint resolution relative to the Southern States—

It stood,

Ayes,.40

Noes, - 1

Respectfully yours, &c.

CHARLES H. TEST,

To His Excellency, David Wallace.

Secretary of Senate.

The said massage was laid on the table, and the Public Printer directed
to print 150 copies thereof for the use of the General Assembly.

A message, in writing, received from the Governor on the 16th instant,
was taken up and read as follows, viz:

Executive Department, Frankfort,

_ , „ February 16^/z, 1839.

Gentlemen of the Senate

and House of Reprsentatives:

I have received from his Excellency, the Governor of North Carolina, a
communication inclosing Joint Resolutions relating to the General Govern¬
ment adopted by the General Assembly of that State, requesting that they
should be laid before the Legislature of Kentucky; the papers are herewith
transmitted.

JAS. CLARK.

Feu. 20.]

JOURNAL OF THE SENATE.

347

Executive Department, N. C. >
Raleigh, January 14, 1839. $

SlR I have the honor to transmit, herewith, Resolutions relating to the
General Government, and to request that they be laid before the Legislature
of the State over which you preside.

I am, most respectfully,

your obedient serv’t,

ED’WD B. DUDLEY.

His Excellency

The Governor Kentucky, Frankfort.

RESOLUTIONS RELATING TO THE GENERAL GOVERNMENT.

Whereas we believe that a great crisis has arrived in the political histo¬
ry of our country, on the issue of which we conceive the safety of our free
institutions to depend—and whereas we consider it our bounden duty, as
the Representatives of the freemen of North Carolina, to express, in calm
and dispassionate language, our opinions on the great questions which have
been for some time, and some of which still are, agitating the public mind:

1. Resolved, therefore. That this General Assembly do condemn, in the
most decided manner, that act of the Senate of the United States, expung¬
ing the records of that body, as a palpable violation of the plain letter of
the Constitution, and as an act of party servility, calculated to degrade the
character of the Senate.

2. Resolved, That resolutions ought to be passed by the Senate of the
United States, condemnatory of that act, and rescinding the resolutions
authorizing it to be done.

3. Resolved, That this Generally Assembly do condemn the sub-Treasury
system which this Administration is endeavoring to establish, as another
item in that series of fatal experiments of this and the past Administration,
which are the main source of that derangement in the Currency, and pros¬
tration of commercial credit, that have been so severely felt of late in every
branch of industry; and which, if suffered to become a law, will, by its ten¬
dency to augment Executive power, to unite the purse and the sword in
the hands of the Executive, and to destroy the credit system, by the exac¬
tion of specie in the Government dues, ultimately change the real character
of our Government, and place in peril the liberties of our country.

4. Resolved, That we consider the Public Lands of the United States as
the common property of all the States, and that we therefore condemn the
late act of Congress, allowing settlers on the Public Lands the right of pre¬
emption at the minimum price, as an act of gross injustice to the old States
who originally ceded them, or who contributed to a common fund for their
purchase.

5. Resolved, That we believe that the proper and equitable disposi¬
tion of the Public Domain, is to divide the proceeds arising from their sales
among the several States of the Union, according to the ratio of their fed¬
eral population.

JOURNAL OF THE SENATE.

[Feb. 20.

6. Resolved, 1 hat wo do most solemnly protest against the wasteful ex
travagance ot the present Administration, and their profligate expenditure
ol the public money, which not only creates a demand for heavy taxation in
order to meet the exoribitaut appropriations of the General Government
but which tends to the corruption of public morals and the degradation of
the national character. °

7 Resolved ThiU the power and patronage,of the Executive Department
ol the I edeial Government have increased to an alarming extent, and ou<dn
to be ournnished. °

S. Resolved, That our Senators in Congress will represent the wishes
of a majority of the people of this State, by voting to carry out the fore¬
going Resolutions.

9. Resolved, That the Governor of this State be requested to forward a
copy ot these Resolutions to each of our Senators in Congress with a re
quest that they Jay them before the Senate of the United, States: and one
of , the ■Governors of the several States of the Union, with a request
that they lay them belore their respective Legislatures.

Read three times and ratified in General Assembly ;
this 2Sth day of December, A. D. 1S3S. ’ j

WILL. A. GRAIIAM, S. H. C.

A. JOYNER, S. S.

State op North Carolina, /

Secretary of State's Office. j

I, William Hill, Secretary of State in and for the State of North Car¬
olina, do hereby certify that the foregoing is a true copy of a preamble and
resolutions passed by the General Assembly of this State at its late session
Given under my hand, this 16th day of January, 1S39.

WM. HILL.

The said message was laid on the table and the Public Printer directed to
print 150 copies thereof for the use of the General Assembly.

A message, in writing, received from the Governor on the 16th instant
was taken up and read as follows, viz:

Executive Department, )

February 16, 1839. j

Gentlemen of the Senate:

I nominate for your advice and consent, Levi Walters, to be Colonel of
2Sth Regiment, in place of James O’Neal, resigned.

promoted. P ° WerS ’ t0 be Lieutenant Colone l, ™ place of Levi Walters, if

Powe 1 “ d if P prom’oSd be 28lh Re S im » n '' *> of Robert

JAS. CLARK.

Resolved, That the Senate advise and consent to the said appointments.

Feb. 20.] JOURNAL OF THE SENATE. 349

Two messages, in writing, received from the Governer on the 14th inst.,
were taken up and read as follows, viz;

Executive Department, )

February, 1S39. j

^Tntminafe^fofymuf advice and consent, Henry W. Cleveland, to be
.Sheriff of the county of Pendleton, in place oi John 11. Darker, who re¬
fuses to accept. JA s. CLARK.

Executive Department, )
February, 1S39. j

Gentlemen of the Senate:

I nominate for your advice and consent, James M. Sullivan, to be Colonel
of the 22d Regiment, in place of Victor Monroe, removed.

Albert G. Hodges, to be Lieutenant Colonel ot the 22a Regiment, in
place of James M. Sullivan, promoted.

James Hackett, to be Major of the 22d Regiment, in place of Albert

G. Hodges, promoted. r ,

William S. Lane, to be Colonel of the 34th Regiment, in place of Charles

Glover, resigned. , , r

John Lyons, to be Lieutenant Colonel of the 34th Regiment, m place of

William S. Lane, if promoted.

Marcus Gill, to be Major of the 34th Regiment, in place of John Lyons,

lf James 1 St one, to be Major of the 7Sth Regiment, in place of Green B.

Kelley, refused to accept. .

George Poindexter, to be Colonel of the 97th Regiment, in place of S. A.

Benham, resigned. , - „ •

Nathan Underwood, to be Lieutenant Colonel of the 97th Regiment, in

place of George Poindexter, if promoted.

Edward Payne, to be Major of the 9/th Regiment, in place of Nathan

Underwood, if promoted. • lnoj 0 . . .

Charles Armstrong, to be Lieutenant Colonel of the 10,2d Hegiment, in

place of Finis E. McLane, resigned. .

John Murphy, to be Major of the 102d Regiment, in place of Charles

Armstrong, if promoted. . .

J. H. Myers, to be Brigadier General of the 1st Brigade, in place ol

Peter Sweets, resigned. , . , . ,

Absalom Ashcraft, to be Brigadier General of the 23d Brigade, in place
of Blancit Shacklett, resigned.

James Lawson, to be Major of the S5th Regiment, in place ot Robert
LaWS ° n ' JAS. CLARK.

Resolved, That the Senate advise and consent to the said appointments.
Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act fur-

350 JOURNAL OF THE SENATE. [Feb. 20.

ther to provide for the internal improvement of the State, reported the same
without amendment.

The tenth section of the said bill is as follows, viz:

Sec. 10. That the sum of nine thousand dollars is hereby appropriated
to the road from Greensburg, by way of Columbia, Jamestown and Monti-
cello, to the Tennessee State line, in a direction to Knoxville , provided the
Board of Internal Improvement be of opinion the expenditure will be of
sufficient public utility to justify the same.

Mr. Guthrie moved to amend the bill by striking out the said section.

Mr. Hanson moved to amend the said section by inserting after the word
“ Knoxville ,” printed in italics, the following words, viz:

“And ten thousand dollars to a road from Irvine, in Estill county, to the
mouth of Troublesome, in Perry county.”

The question being taken on the adoption of the amendment, moved by
Mr. Hanson, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Hanson and De
Courcv, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow, Jesup, Walker, C. J.

Bradshaw, May, Wallace,

De Courcy, Murrell, Watkins,

Hanson, Roberts, Wiekliffe,

Huston, Schooling, Willis—16.

Jasper,

Those who voted in the negative were—

Messrs. Ballinger, Ford, Rice,

Beatty, Guthrie, Walker, J. V.

Burnett, Johnston, Weller,

Clarke, Morgan, J. S. Wingate,

Davidson, Pitts, Young, S.—15.

The question was then taken on striking out the said section, as amended,
and it was decided in the negative.

The yeas and nays being required thereon by Messrs. Hanson and Da¬
vidson, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty, Guthrie, Morgan, J. S.

Burnett, Johnston, Wingate,

Davidson, Morgan, D. Young, S.—10.

Ford,

351

Feb. 20.]

Those who voted in the negative were—

, TpQIIT) * t aiaox j v» •

Messrs. Ballinger, ; P’ Walker, J. V.

Barlow, Murrell, Wallace,

Bradshaw, Pitts Watkins,

Clarke, > Weller,

De Courcy, Roberts Wickliffe,

Hanson, Robei ts, Willis—22

Huston, Schooling, Willis u.

Jasper,

Mr Burnett moved the previous question.

The question being taken, “shall the main question be now put, it was

decided in the affirmative. n , , w ,

The yeas and nays being required thereon by Messrs. Barlow and Wat¬
kins, were as follows, viz:

Walker, C. J.

Walker, J. V.

Wallace,

Watkins,

Weller,

Wickliffe,

Willis—22.

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,
Bradshaw,
Burnett,
Clarke,
Davidson,

De Courcy,
Johnston,
Morgan, D.
Morgan, J. S.
Rice,

Walker, C. J.

Those who voted in the negative were-

Messrs. Barlow,
Ford,
Guthrie,

TTsmsnn.

Jasper,

Jesup,

May,

Murrell,

Wallace,

Wickliffe,

Willis,

Wingate,
Young, S.—17.

Roberts,
Schooling,
Walker, J. V.
Watkins,

35 2

JOURNAL OF THE SENATE.

[Feb. 20.

Those who voted in the negative were—■

Messrs. Barlow, Jasper, Watkins,

Bradshaw, Schooling, Weller,

Burnett, Walker, 0. J, Willis—10.

Huston,

The constitutional rule as to the third reading of the said bill being dis¬
pensed with,

Mr. Watkins moved to amend the same by adding thereto the following
section by way of engrossed ryder, viz:

“That the 31st section of an act, entitled, an act defining the powers and
duties ot the Board of Internal Improvement, approved the 29th February,
1S36, be, and the same is hereby extended for one year, to the counties of
Meade, Bieckinridge, Hancock, Daviess, Henderson and Union, provided
the Board ot Internal Improvement shall be of opinion that the expenditure
would be of public utility.”

The question being taken on the adoption of the said amendment, it was
decided in the negative, the rule of the Senate requiring a vote of two-
thirds to adopt and engrossed ryder.

The yeas and nays being required thereon by Messrs. Watkins and Willis,
were as follows, viz:

Messrs. Barlow,
Burnett,
Ford.
Guthrie,
Hanson,
Huston,
Jasper,

Those who voted in the affirmative were—

Schoolin

Jesup,

Johnston,

May,

Murrell,

Pitts,

Rice,

Roberts,

Those who voted in the negative were-

Walker, J. V.

Watkins,

Weller,

Willis,

Wingate—20.

Messrs. Ballinger,
Beatty,
Bradshaw,
Clarke,
Davidson,

De Courcy,
Morgan, D.
Morgan, J. S.
Pratt,

Tomlinson,
Walker, C. J.
Wallace,
Wickliffe—13.

Mr. Beatty moved to amend the said bill by adding thereto the following
section by way of engrossed ryder, viz:

“That if, in the opinion of the Governor, bonds bearing an interest of

Cent; Pei " annum ,’ cai ? b f soid u P on terms more advantageous to the

that ra p nf I f*' TV - b ? nds ’ 16 13 hereb - 7 authorized to sell bonds, bearing

dollirf in Tftf ’ 116 am ° U, l t ° f one million one hundred thousand

m-ovided in vT- he / SIX P, 01 '. 06111 - bonds aforesaid, and payable as herein
piovided in relation to said six percent, bonds.”

JOURNAL OF THE SENATE,

Feb. 20.]

The question being taken on the adoption of the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Barlow and Jasper,
were as follows, viz:

Those who voted in the affirmative were—

Roberts,
Schooling,
Tomlinson,
Walker, C. J.
Walker, J. V.
Wallace,

W eller,

Wickliffe,

Willis,

Wingate—31

James,

Jasper,

Jesup,

Johnston,

May,

Morgan, D.
Morgan, J. S,
Murrell,

Pitts,

Rice,

Messrs. Barlow,
Beatty,
Bradshaw,
Burnett,
Clarke,
Davidson,
De Courcy,
Ford,
Guthrie,
Hanson,
Huston,

Those who voted in the negative were—

Messrs. Ballinger, Pratt, Watkins—3.

Mr. Jasper moved to amend the said bill by adding thereto the following
section byway of engrossed ryder, viz:

Be it further enacted , That it shall be the duty of the Board of Internal
Improvement to cause to be expended, in the present year, five thousand
dollars towards the improvement of the downward navigation of the Great
South Fork of the Cumberland river, from Dick’s Coal Mines, on said Great
South Folk, to its mouth, or so much thereof as will be sufficient to secure a
safe and convenient descending navigation.

The question being taken on the adoption of the said amendment, it was
decided in the negative.

The yeas and nays being required thereon by Messrs. Jasper and Wat-
kins, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Barlow,
Bradshaw,
Burnett,

De Courcy,
Huston,

James,

Jasper,

Jesup,

Pitts,

Roberts,

Schooling,
Walker, J. V.
Watkins,
Weller,
Willis—15.

Those who voted in the negative were-

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,

Ford,

Guthrie,

Hanson,

Johnston

May,

Morgan, D.
Morgan, J. S,
Murrell,

[Fed. 21.

354 JOURNAL OF THE SENATE.

Pratt, Walker, C. J. Wickliffe,

Rice, Wallace, Wingate—19.

Tomlinson,

The question was then taken on the passage of the said bill, as amended,
and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Willis and Wat¬
kins, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
De Courcy,
Ford,
Guthrie,
Hanson,

Johnston,

May,

Morgan, D.
Morgan, J. S.
Murrell,

Pitts,

Pratt,

Rice,

Roberts,
Tomlinson,
Walker, J. V.
Wallace,
Wickliffe,
Wingate—22.

Those who voted in the negative were-

Messrs. Barlow,
Bradshaw,
Burnett,
Huston,

James,
Jasper,
Schooling,
Walker, C. J.

Watkins,

Weller,

Willis,

Young, S.—12.

Resolved, That the title of the said bill be as aforesaid.
And then the Senate adjourned.

THURSDAY, FEBRUARY 21, 1839.

A message was received from the House of Representatives announcing
that they had concurred in the amendments of the Senate to a resolution
from that House, fixing a day for the adjournment of the Legislature.

That they had disagreed to a bill from the Senate, entitled, an act to au¬
thorize the Southwestern Railroad Bank to establish a branch in this State,
and for other purposes.

That they had passed bills of the following titles, viz:

1. An act to amend the charter of the Lexington and Covington Turn¬
pike Road Qompany.

355

FM. «.] JOURNAL OF THE SENATE.

2. An act to establish a State road from the town of Paducah to the
State line, in a direction to Paris.

3 . An act to amend an act, entitled, an act for tile benefit of the' heirs ot

James Allen, deceased. .

4 An act to incorporate the Munfordsville Polemic and Library Society.

5 . ’ An act to change the place of voting in the Ruddell’s Mill precinct, in

Bourbon county.

6 . An act to authorize the taking of depositions in certain cases.

7. An act for the divorce of Nancy Lyon.

Which bills were severally read the first time, and ordered to be read a
second time.

The constitutional rule as to the second reading of the said bills being
dispensed with, the 1st and 6th were referred to the committee on the
Judiciary; the 2d to the committee of Internal Improvement; the4th to
the committee of Education; the 7th to the committee of Religion, and the
3 d and 5th were ordered to be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the third and fifth bills do pass, and that the titles thereof
be as aforesaid.

A message was received from the House of Representatives announcing;
that they had adopted resolutions upon the subject of the culture of silk,
&c., in the State of Kentucky.

Mr. Wingate having obtained leave, reported a bill for the completion of
the Franklin portion of the Crab Orchard turnpike.

Mr. Ford, from the committee appointed for that purpose, reported a
bill providing adequate pay to witnesses summoned to appear before the
committee on Internal Improvement, during the present session of the Legis¬
lature.

Which were each read the first time and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with, the
first was ordered to be engrossed and read a third time, and the second was
referred to the committee of Finance.

The constitutional rule as to the third reading of the first bill being dis-
dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

On the motion of Mr. Ballinger, the committee of Internal Improvement
was discharged from the further consideration of the petition of sundry
citizens of Marion county for an amendment to an act to incorporate a
company to make a turnpike road from Perryville to Greensburg, by way
of Lebanon and New Market.

356

JOURNAL OF THE SENATE.

[Feb. 21.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act for
the benefit of Ambrose Wickersham, reported the same without amend¬
ment.

The question being taken on reading the said bill a third time, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ballinger and
Willis, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty,
Burnett,
Clarke,

De Courcy,

Ford,

Guthrie,

Hanson,

Huston,

Jasper,

Jesup,

Johnston,

May,

Murrell,

Pitts,

Pratt,
Roberts,
Schooling,
Walker, C. J.

Walker, J. V.

Wallace,

Watkins,

Weller,

Wickliffe,

Willis,

Wingate,
Young, S.—26.

Those who voted in the negative were—

Messrs. Ballinger, Davidson, Rice,

Barlow, James, Tomlinson—8.

Bradshaw, Morgan, J. S.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thnreof be as
aforesaid.

Mr. Ballinger, from the same committee, to whom was referred a bill de¬
claring Gasper river, in Warren county, a navigable stream, reported the
same with an amendment—which was concurred in.

The said bill was recommitted to the committee on Internal Improvement.

Mr. Ballinger, from the same committee, to whom was referred a bill to
incorporate the Damascus Iron Manufacturing Company, in the county of
Greenup, reported the same with the opinion of the committee that it ought
not to pass.

On the motion of Mr. Rice, the said bill was laid on the table.

Mr. Ballinger, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act to incorporate the Munfords-
ville Bridge Company, reported the same with the opinion of the committee
that it ought not to pass.

The said bill was amended and ordered to be read a third time.

The constitutional rule as to the third reading being dispensed with,

The question was taken on the passage of the said bill, as amended, and it
was decided in the affirmative.

j JOURNAL OF THE SENATE. 357

eas ond nays being required thereon by Messrs. S. Young and De
■were as follows, viz:

Those who voted in the affirmative were—

Schooling,
Walker, C. J.
Walker, J. Y.
Wallace,

Weller,

Willis,

Wingate—23.

Huston, .
James,

Jasper,

Jesup,
Johnston,
Morgan, J. S,
Rice,

Roberts,

Messrs. Ballinger,

Barlow,

Beatty,

Bradshaw,

Burnett,

De Courcy,

Ford,

Hanson,

Those who voted in the negative were—

Messrs. Murrell, Young, S.—2.

Resolved, That the title of the said bill be as aforesaid.

On the motion of Mr. Hanson, the committee of Finance was discharged
from the duty of preparing and bringing in a bill for the benefit of Alexan¬
der R. McKee, Clerk of the Garrard County Court, and from the further
consideration of the petition of A % B. Tomlinson; the petition of David
Thomas; the petition of John Martin, and from the resolution to inquire
into the expediency of authorizing a purchase, by the State, of the stock in
the Louisville and Portland canal.

The following bills were reported, viz:

By Mr. Ballinger, from the committee of Internal Improvement—A bill
to authorize the construction of a road from the bridge on the Rolling Fork
to New Market.

A bill declaring the tributaries of Licking and other rivers navigable.

By Mr. Hanson, from the committee of Finance—A bill for the benefit
of the Sheriff of Cumberland county.

A bill further regulating the duties of the Commissioners of revenue.

By Mr. Beatty, from the committee on Education—A bill to incorporate
the Lebanon Lyceum.

By Mr. Johnston, from the committee of Propositions and Grievances—
A bill to change the place of voting in Baley’s precinct, in Shelby county.

By Mr. Schooling, from a select committee—A bill to repeal in part an
act incorporating a company to make a turnpike road through Lebanon,

353

JOURNAL OF TIIE SENATE.

[Feb. 2lC

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Bills from the House of Representatives of the following titles, were re¬
ported from the several committees to whom they were referred, without
amendment, viz:

By Mr. Ballinger, from the committee of Internal Improvement—An act
to authorize the establishment of roads to Coal Mines and Iron Banks.

By Mr. Hanson, from the committee of Finance—An act making an ap¬
propriation to the Anderson county Seminary.

An act for the benefit of Stephen R. Chenowith, jailer of Jefferson
county, and Henry Payne, jailer of Union county.

An act to amend an act, entitled, an act to increase the resources of
the Sinking Fund.

By Mr. Beatty, from the committee of Education—Am act to incorporate
the Covington Social Library.

B/ Mr. Jesup, from the committee on Military Affairs—An act for the
benefit of Rector Gore, and others.

By Mr. Guthrie, from the committee on the Judiciary—An act to lega¬
lize certain proceedings of the Morgan County Court.

An act to amend an act, entitled, an act to amend and reduce into one
the several acts for the inspection of tobacco, approved February 10, 1798.

An act granting a change of venue in the prosecution against James
Lynn, Jr.

An act to authorize the County Court of Ohio county to take stock in
the Hartford Bridge Company.

An act to incorporate the Bowlinggreen Fire, Life and Marine Insur¬
ance Company.

An act to authorize the entry of vacant fractions of land west of the
Tennessee river, and for other purposes.

An act for the benefit of the mechanics of Brandenburg,

An act for the benefit of the orphans of Louisville.

An act in relation to the Frankfort and Paris Fire Companies.

By Mr. Wingate, from the committee of Religion—An act for the di¬
vorce of Matilda Jones.

By Mr. Burnett, from the committee on the Library—An act providing
for the purchase of certain books for the use of this State.

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

Mr. Hanson, from the committee of Finance, to whom wms referred a bill
from the House of Representatives, entitled, an act for the benefit of the
Sheriff of Gallatin county, reported the same with an amendment—which
was concurred in.

359

Fed. 21.] JOURNAL OF THE SENATE.

Ordered, That the said bill be read a third time, as amended.

The constitutional rule as to the third reading being dispensed with,
Resolved, That the said bill, as amended, do pass, and that the title
be amended to read, an act for the benefit of the Sheriffs of Gallatin and

Clarke counties.

Mr. Hanson from the same committee, to whom was referred a bill about
Sheriffs’ delinquent lists, reported the same without amendment.

The question being taken on engrossing the said bill and reading it a

third time, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. James and Jasper,

were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Burnett,
Ford.
Guthrie,
Hanson,
Huston,

Jesup,
Johnston,
Morgan, J. S.
Murrell,

Rice,

Schooling,

Tomlinson,
Walker, C. J.
Wallace,

Willis,

Young, S.— 17.

Those who voted in the negative were—

Messrs. Barlow,
Beatty,
Bradshaw,
Davidson,

De Courcy, Watkins,

James, Weller,

Jasper, Wickliffe,

Walker, J. V. Wingate—12.

Mr. Beatty, from the committee on Education, to whom was referred a
bill for the benefit of the trustees of the Glasgow Academy, reported the
same without amendment.

Ordered, That the said bill be engrossed and read a third time.

The constitutional rule as to the third reading of the said bill being dis¬
pensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

viz:

An act authorizing a sale of the land and slaves descended to Mary Mc-
Feeters.

An act for the divorce of Sarah McGinnis.

An act for the benefit of Sandy Id. Aldridge.

An act to change the name of Elizabeth Harris’ children.

360

JOURNAL OF THE SENATE.

[Feb. 2l

An act for the divorce of Rhoda Lytle.

An act to incorporate the trustees of the Mount Zion Methodist Epfi.
copal Church, in Bracken county.

An act concerning the estate of Daniel Riley, deceased.

An act for the benefit of certain subscribers to the Protestant Episcopal
Church of Russellville.

An act tor the benefit of Anne II. Blair, and the widow and heirs of
William C. Warfield.

An act lor the benefit of the Sheriff of Livingston county.

An act to allow an additional Constable to the county of Monroe.

An act for the benefit of Thomas Croper, James Southard and William

Sugg.

An act to amend an act, entitled, an act to prevent further confliction
in land claims, and to secure to seaters and improvers, a preference of loca¬
tion to lands improved by them.

An act to change the time of holding the Muhlenburg Circuit Court.

An act to amend an act, entitled, an act to regulate equitable proceedings
under five pounds, before Justices of the Peace.

The said bills being signed by the Speaker of the House of Representa-
tives, the Speaker of the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for his approba¬
tion and signature. After a short time Mr. Barlow reported that the com¬
mittee had performed that duty.

Mi. Ballinger, from the committee of Internal Improvement, to whom
was referred bills from the House of Representatives of the following titles,
viz:

An act to incorporate the Cumberland Coal Mining Company.

An act making an appropriation to build a bridge across Russell’s creek,
m Adair county, and for other purposes, reported the same with the opinion
of the committee that they ought not to pass.

The question being taken on reading the said bills a third time, it was
decided in the negative, and so they were disagreed to.

Leave of absence was given to Messrs. A. Young, Barlow and Rice for
the residue of the session, after to-day.

On the motion of Mr. Guthrie, the committee on the Judiciary was dis¬
charged from the duty of preparing and bringing in a bill to establish a new
Judicial District.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red the following bills, viz:

A bill to incorporate the Louisville Coal Company.

A bill authorizing limited partnerships in this Commonwealth, reported
the same, and they w'ere laid on the table.

361

Feb. 21.] JOURNAL OF THE SENATE.

Mr. Guthrie, from the same committee, to whom was referred a bill to
provide for a geological survey of the State, reported the same without

amendment.

Ordered, That the- said bill be engrossed and read a third time.

Mr. Guthrie, from the same committee, to whom was referred a bill from
the House of Representatives, entitled, an act for the benefit of James
Newton, reported the same without amendment.

The said bill was placed in the orders of the day.

Mr. Wingate, from the committee of Religion, to whom was referred
a bill from the House of Representatives, entitled, an act for the benefit of
Richard Lucas, reported the same with the opinion of the committee that
it ought not to pass.

The question being taken on reading the said bill a third time, it was de¬
cided in the negative, and so the said bill was disagreed to.

Mr. Wingate, from the same committee, to whom was referred a bill
from the House of Representatives, entitled, an act for the divorce of Polly
T. Ellison, reported the same with the opinion of the committee that it
ought not to pass.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass and that the title thereof be as afore¬
said.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments proposed by the Senate to a bill
from that House, entitled, an act further to provide for the internal improve¬
ment of the State.

A bill from the House of Representatives, entitled, an act to a r.end the
charter of the city of Covington, was referred to the committee on the Ju¬
diciary.

Bills from the House of Representatives of the following titles, were
severally read the third time, viz:

An act for the benefit of B. H. Flowers, of Russell county, and William
Gates, of Monroe count} 7 .

An act for the divorce of Nancy T. Sanders.

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

A bill from the House of Representatives, entitled, an act to require the
Register to register certain surveys, and to require the appointment of a
Treasurer of the School Fund, in Wayne county, was read the first time,
and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with, the
said bill was referred to the committee on the Judidiarv.

362 JOURNAL OF THE SENATE. [Feb. 21.

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act au¬
thorizing the condemnation of lands for toll houses, reported the same with
the opinion of the committee that it ought not to ] ass.

The said bill is as follows, viz:

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of
Kentucky, That it shall be lawful for all incorporated companies now cre¬
ated, or which may be created for the construction of turnpike roads and
toll bridges, and for the Commonwealth, when engaged in similar under¬
takings, to cause to be coudemned for the use of the Commonwealth, or
such company, any quantity of land, not exceeding one half acre, con¬
venient to, or adjacent to, any toll bridge, or toll gate, on any turnpike
road, for the purpose of erecting thereon a dwelling house, and out houses,
for the use of the gate keeper, and to be appropriated to his sole and ex¬
clusive use; and for the condemnation of such land, for the purposes afore¬
said, the Commonwealth and said companies shall proceed according to, and
be governed in all respects by, the act, entitled, “an act to provide for the
condemning land and materials for the construction of turnpike roads,
bridges, and other works of Internal Improvement,” approved February 2*2,
1S36, so far as the provisions of said act apply to the condemnation of lands
for the construction of turnpike roads; except that, by the writ of ad quod
damnum, required to be issued by the Clerk of the Circuit Court, the jury
shall be summoned and impanneled, to inquire and assess what damages
the proprietor of said land will sustain by the condemnation thereof, for the
purposes aforesaid ; and in the oath administered to the jury, they shall be
sworn to inquire and assess what damages said proprietor will sustain by
the condemnation of said land, for the purposes aforesaid, and by additional
fencing; and the jury shall render their verdict in the following manner, or

substantially so, to-wit: We of the jury find that said-, named in the

within writ, will sustain damages to the amount of-, by taking the

required land for the purposes within mentioned ; provided, that no land

including any spring, orchard, garden, pleasure giounds, or any part of
either of them, or lying within one hundred yards of any dwelling house, or
door yard thereof, shall be condemned for said purposes, without the pre¬
vious written consent of the owner, or owners, of the entire estate in such
dwelling house and door yard; and, provided further, that whenever the
Commonwealth or any company shall cease to use such land, for the pur¬
poses aforesaid, or shall use such land for any purpose not herein authorized,
the right, of the Commonwealth or such company in said land shall cease
and determine, and the title thereof shall revert to, and re-vest in, the said
proprietor.

Mr. Wickliffe moved to amend the said bill by adding thereto the follow¬
ing, viz:

“Provided, however, that no turnpike company shall have the benefit of
this act, that shall not, before they apply for such writ, by their presiding
officer, file an affidavit that, in his opinion, the company hath fixed and set
up their loll gates at five mile points, or so near those distances as the situ¬
ation of the ground will admit; and that application has been made to the
proprietor or proprietors of the land near to, and adjoining any gate, to ac-

Walker, C. J
Watkins,
Wingate—9.

Messrs. Ballinger
Beatty,
Burnett,

Those who voted in the negative were—

v, Jesup, Weller,

, Morgan, J. S. Wickliffe,

:y, Schooling, Willis,

Walker, J. V. Young, S—14.

Wallace,

was then taken on the adoption of the amendment moved

e, and it was decided in the affirmative.

nays being required thereon by Messrs. Wickliffe and Wil-

Those who voted in the affirmative were-

Wallace,
Weller,
Wickliffe,
Willis,
Y r oung, S,

Johnston,
Morgan, J. S.
Roberts,
Tomlinson,
Walker, J. V.

Messrs. Bradshaw,

De Courcy,

Ford,

Jasper,

Jesup,

Those who voted in the negative were-

Messrs. Ballinger, Burnett,

Beatty, Davidson,

Guthrie,

Hanson,

JOURNAL OF THE SENATE.

Huston, Rice,

Morgan, D. Schooling,

Murrell, Walker, C. J.

[Feb. 21.

W atkins,
Wingate—14.

Mr. Hanson moved to amend the said bill by striking out “half,” printed
in italics, and inserting in lieu thereof “quarter.”

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Hanson and Da
Courcy, were as follows, viz:

Those who voted in the affirmative were-

Messrs. Ballinger,
Bradshaw,
Burnett,
Davidson,
De Courcy,
Guthrie,
Hanson,

Huston,
Jasper,
Johnston,
Morgan, D.
Morgan, J. S.
Murrell,

Pitts,

Tomlinson,
Walker, C. J.
Walker, J. V.
Wallace,
Watkins,
Willis,

Wingate—21.

Those who voted in the negative were—

Messrs. Ford,
Jesup,
Rice,

Roberts,

Schooling,

Weller,

Wickliffe,
Young, S.—8.

Mr. Wallace moved to amend the said bill by striking out “one,” printed
in italics, and inserting in lieu thereof “two.”

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Hanson and Wal¬
lace, were as follows, viz:

Those who voted in the affirmative were-

Messrs. Ballinger,
Beatty,
Bradshaw,
Burnett,
Davidson,
De Courcy,
Ford,
Jasper,

Jesup,
Johnston,
Morgan, D.
Morgan, J. S.
Pitts,

Rice,

Roberts,

Tomlinson,

Walker, J. V.

Wallace,

Watkins,

Weller,

Wickliffe,

Willis,

Wingate,

Young, S.—24.

Those who voted in the negative were—

Messrs. Guthrie, Huston,

Hanson, Murrell,

The said bill was further amended.

Mr. Guthrie moved the previous question.

Walker, C. J.—5.

c r.

«*VJ J

l-'EB. 21.j JOURNAL OF THE SENATE.

The question being taken, “shall the main question be now put,” it was
decided in the affirmative.

The question was then taken on reading the said bill a thiid time, as
amended, and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Hanson and De

Courcy, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,
Burnett,
Davidson,
Guthrie,
Hanson,
Huston,

Jasper,

Morgan, D.

Murrell,

Pitts,

Rice,

Roberts,

Walker, C. J.

Those who voted in the negative were-

Walker, J. V.

Wallace,

Watkins,

Wilis,
Wingate,
Young, S.—20.

Messrs. Bradshaw, Jesup, lomhnson,

De Courcy, Johnston, Weller,

Ford, Morgan, J. S. Wickliffe—9.

Mr. Guthrie, from the committee on the Judiciary, reported a bill for the
benefit of the Lexington and Ohio Railroad Company—which was read the
first time, and ordered to be read a second time.

The constitutional rule as to the second reading being dispensed with,

The question was then taken on engrossing and reading the said bill a
third time, and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Ballinger and
Willis, were as follows, viz:

Those who voted in the affirmative were—

:. Beatty,

Huston,

Walker, C. J.

Burnett,

Jesup,

Watkins,

Davidson,

Johnston,

Weller,

Ford,

Murrell,

Willis,

Guthrie,

Pitts,

Wingate,

Hanson,

Roberts,

Young, S.—18.

Those who voted in the negative

were—

i. Ballinger,

Morgan, D.

Tomlinson,

Bradshaw,

Rice,

Wallace,

De Courcy,
Jasper,

Schooling,

Wickliffe—10.

And then the Senate adjoUrfied.

FRIDAY, FEBRUARY 22, 1S3D.

A message was received from the House of Representatives announcing
that they had disagreed to a bill from the Senate, entitled, an act further
defining the otfence of burglary by a slave.

That they had passed bills from the Senate of the following titles, viz:

An act to incorporate the town of Locust Port, in Union county.

An act to authorize the running and re-marking the line between Green
and Adair counties.

An act for the appropriation of fines in the city of Lexington, and for
other purposes.

An act for the benefit of William N. Taule’s representatives.

An act to amend the charter of the Maysville Insurance Company.

An act to provide for writing out the certificates and recording certain
deeds in the Clerk’s office of the Hickman County Court.

An act declaring the tributaries of Licking and other rivers navigable.

An.act to authorize the construction of a road from the bridge on the
Rolling Fork of Salt river to New Market.

An act to change the place of voting in Baley’s precinct, in Shelby county.

An act for the benefit of James Doyle and his legal reptesentatives.

An act further regulating the duties of the Commissioners of revenue.

An act to incorporate the Lebanon Lyceum.

An act for the benefit of the trustees of the Glasgow Academy.

That they had passed bills from the Senate of the following titles, with
amendments, viz:

An act to amend an act to establish a system of Common Schools in the
State of Kentucky.

An act for the benefit of John Boggess and his securities.

An act for the completion of the Frakling portion of the Crab Orchard
turnpike.

That they had concurred in the amendments proposed by the Senate to
bills from that House of the following titles, viz :

An act for the benefit of the Sheriff of Gallatin county.

An act to incorporate the Munfordsville Bridge Company.

That they had passed bills of the following titles, viz:

1. An act to open a State road from Colemansville, in Harrison county,
to Covington, in Campbell county.

2. An act to change the terms of the Courts in the second Judicial Dis¬
trict, and the terms of the Allen County Court.

JOURNAL OF THE SENATE.

•36?

Feb. 22.]

3. An act for the benefit of William Smith.

4. An act for the benefit of John Jarman.

5 An act to amend an act to establish a System of Common Schools in
the State of Kentucky, approved February 16, 1S3S.

6 . An act to amend an act to incorporate the Adairsville, Ressellvillc and
Muddy River Transporting Company.

?. An act for the appropriation of money.

Which bills were severally read the first time, and ordered to be read a

second time.

The constitutional rule as to the second reading being dispensed with,
the 3d and 7th were referred to the committee of Finance; the 5th to the
committee of Education, and the others were ordered to be read a third

time.

The constitutional rule as to the third reading of the 1st, 2d, 4th and
6 th bills being dispensed with, and the second amended,

Resolved, That the said bills do pass, end that the titles thereof be as afore¬
said.

A message was received from the House ot Representatives requesting
leave to withdraw tireir report of the disagreement of that House to a bill
from the Senate, entitled, an act to amend the law incorporating the town
of Bardstown.

Leave was given to withdraw said report. After a short time a message
was received from the House of Representatives announcing that they had
passed the said bill, with an amendment—which was concurred in.

Leave of absence was given to Mr. D. Morgan for the residue of the
present session, after to-day.

Messrs. Murrell and Weller were added to the committee of Enrollments.

The Senate took up the report of the committee of Internal Improve¬
ment in the case of James R. Skiles, a member of the Board of Internal
Improvement. The said report is as follows, viz:

The committee of Internal Improvement for the Senate, have had under
consideration the resolutions, to them referred, touching the conduct of Jas.
R. Skiles, as a member of the Board of Internal Improvement, and as Presi¬
dent of tiie Board of Green river Commissioners, and herewith report the
evidence which they have taken, with the unanimous expression of their
opinion that, the said Skiles is liable to the charge of being interested in a
contract to furnish hydraulic lime to the public works, to improve the navi¬
gation of the Green and Barren rivers; that he was pai t owner of the steam¬
boat Casket, and whilst so, part owner, the Casket, upon the recommendation
of Skiles, was employed by the agent of the Green river Commissioners to
transport lime from Louisville to the public works as aforesaid.

That the Green river Commissioners, upon the recommendation of the
Chief Engineer of Kentucky, directed their Engineer to purchase an engine

368

JOURNAL OF THE SENATE.

[Feb. 29.

to pump the lock pit, at lock No. 1, on Green river; that said engine -was
purchased by said Engineer of the said Skiles, at the price of $1,200.

That there was evidence of the other facts implied by said resolutions,
but, in the opinion of the committee, no reflection is fairly deducible there¬
from, upon the conduct of said Skiles, either as an officer or as a private
citizen.

All of which is respectfully submitted.

The Speaker stated that he had received a communication from the said
James R. Skiles, with a request that he would lay the same before the Sen¬
ate, that he had not had time to read it. The said communication was
read.

The subject was dfscussed for some time.

The hour of twelve o’clock having arrived, the Senate proceeded to the
consideration of the orders of the day.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer¬
red a hill from the House of Representatives, entitled, an act further to re¬
gulate the establishing of ferries and granting of ferry privileges across the
Ohio river, and for other purposes, reported the same with amendments.

Mr. Wickliffe moved to lay the said bill and amendments on the table
until to-morrow.

The question being taken thereon, it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and James,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Bradshaw,
Clarke,

Do Courcy,

Hanson,

James,

May,

Morgan, J. S.
Pitts,

Tomlinson,
Walker, J. V.

Watkins,
Weller,
Wickliffe,
Young, S.—14.

Those who voted in the negative were—

Messrs. Beatty,
Burnett,
Ford.
Guthrie,

Huston,

Jasper,

Johnston,

Pratt,

Schooling,
Wallace,
Wingate—11.

An engrossed bill, entitled, an act more effectually to protect the lives of
citizens of this Commonwealth from being taken by persons carrying con¬
cealed, deadly weapons, not necessary for self-defence, or that of the State,
was read the third time.

Resolved, That the said bill do pass, and that the title be, an act more
effectually to protect the lives of citizens of this Commonwealth from being
taken by persons carrying deadly weapons.

JOURNAL OF THE SENATE.

369

An engrossed bill, entitled, an act to provide for a Geological survey of
the State, was read the third time as follows, viz:

Sec. 1 . Be it enacted by the General Assembly of the Commonwealth of
Kentucky , That a thorough and complete Geological Survey of the State is
hereby authorized and directed to be executed, and that the Governor be,
and he is hereby, authorized and directed to appoint a Chief Geologist, who
shall have the general charge and supervision of the survey; and the said
Chief Geologist shall appoint three Geologists, one Mineralogist and Chemist,
one Botanist, one Zoologist, and one Palaeontologist, each competent in his
respective department, who, together, shall form a Geological corps of the
State; and the sum of $16,000 per annum, is hereby appropriated for four
years, to complete the survey, to be paid by the Treasurer, on the order of
the C.lief Geologist, who shall be held responsible to the State for the integ¬
rity of its disbursement. The Chief Geologist shall prescribe the duties of
the members of the Geological corps, and they shall be held accountable to
him for the faithful performance of them. Each of the three Geologists
shall have charge of the investigations in his particular district, which shall
be assigned him by the Chief Geologist. They shall examine county by
county, observing and examining all the rocks, minerals, soils, and mineral
springs; and they shall trace out the mineral deposits, rocks, quarries, mines,
marbles, peat, marl, and their extent, estimate, the quantity, facilities for
working and mining, transport to market, and in fact every thing that may
render them available and valuable to their owners; and they shall inform
the owner of their discoveries on his estate, before any information on the
subject is communicated to any other individual; and finally, at the close of
each season, they shall report the economical results of their examinations
to the Chief Geologist, against such day as he may direct, so that he may
make his annual report to the Legislature. The Mineralogist and Chemist
shall give a description of all the localities of the various minerals, with their
uses and practical applications, and also, an analysis of all the minerals,
mineral waters, soils, &c., with a view to improve modes of application,
manufacture or cultivation, &c.; and he shall have a Chemical Laboratory
located at the seat of Government for the analysis of the minerals, ores,
soiles, mineral waters, &c., &c., in such a state of efficiency, that the va¬
rious mineral substances, soils, mineral waters, &c., sent there by individu¬
als from the different counties of the State, and by members of the Lems-
lature, shall be analyzed during the session of the General Assembly, and
the results made known to those who furnished the specimens for analysis;
and he shall also report, annually, to the Chief Geologist, the result of his
labors for each year. The Botanist shall make a botanical survey of the
State, and shall give descriptions, not only of all trees and plants of natural
growth, but also of every thing connected with the best modes of culture,
and of trees and plants which may be profitably introduced into the State'
from other lands, and of obviating the various diseases of plants and trees,
and particularly those that are extensively cultivated, as grains, fruits, escu¬
lent roots, hemp, tobacco, &c., and shall make his annual report to the
Chief Geologist. The Zoologist shall give a description of all the animals,
birds, insects, fishes, reptiles, shells, &c., of the State, with the best modes
of breeding and rearing those that are useful, and of obviating the effects of
noxious insects, animals or birds, which frequently destroy or injure the

370 JOURNAL OF THE SENATE. [Feb. 22.

crops of the agriculturist; and he shall make his annual report to the Chief
Geologist. The Palaeontologist shall examine and describe all the fossil re¬
mains and petrifactions found in the State, and shall make his annual report
to the Chief Geologist. And the Governor shall give such instructins to the
Chief Geologist as shall secure an accurate and complete Geological survey
of the State, embracing the departments of Mineralogy and Chemistry, Bo¬
tany, Zoology and of Palaeontology, who shall report, annually, on or be¬
fore the 15th of January, to the Legislature, the economical results of the
survey, in order that the people may reap some oi the benefits during its
progress. The Chief Geologist shall have all mines, quarries, mineral beds,
ores, mineral waters, &c., examined during the survey, it application be
made by the proprietors, and to give an opinion, on consultation, as to the
probable success of working any particular mine, mineral, quarry, mineral
water, &c.; and he shall prepare a Geological map of the State, after the com¬
pletion of the field duties of the survey, with suitable sections, diagrams, &c.,
to illustrate the Geological structure of the State; and he shall, also, prepare
a detailed report after the completion of the survey, describing and illustrating
clearly, the Geology and Mineralogy, both scientific and economical, of the
State, together with the results of the analysis of such minerals, ores, salts,soils,
mineral waters, &c., as shall have been analyzed during the progress of the
survey. And the Chief Engineer of the State shall, when requested by the
Chief Geologist, cause to be"executed, by some member of the Board of En¬
gineers, a topographical survey of the State, as a basis of an accurate Geo¬
logical Map, which shall show the extent and distribution of each of the
rocks, minerals, mines, quarries, mineral springs, &c., of the State, the re¬
sult of which topographical survey, accompanied by proper maps and dia¬
grams, shall be reported to the Chief Geologist for his use in the discharge
of his duties. The Chief Geologist shall, if he thinks proper, add to the du¬
ties imposed by this act upon the Geologists, Mineralogist and Chemist,
Botanist, Zoologist, Palaeontologist and Topographical Engineer, and they
shall each be held bound to obey his written instructions. The Botanist
and Zoologist, shall, also, after the final completion of the survej, each
make a final report to the Legislature, embracing and properly arranging
all the details of the economical and scientific results of their labors, in the
Botanical and Zoological departments of the survey, during its progress.
And the maps, diagrams, and specimens of the rocks, minerals, ores, soils,
Botanic and Zoological productions of the State, shall be deposited in the
State Library, and such portions of them, as the Governor may direct, shall
be deposited in such literary institutions as he may designate.

The question was taken on the passage of the said bill, it was decided in
the negative, and so the said bill was rejected.

The yeas and nays being required thereon by Messrs. Guthrie and David¬
son, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger, Johnston, Wallace,

Beatty, Murrell, Watkins,

Davidson, Pitts, Weller,

Guthrie, Pratt, Wickliffe—14.

Hanson, Walker, C. .1.

Feb. 22.]

JOURNAL OF THE SENATE.
Those who voted in the negative were—

271

Messrs. Bradshaw,
Burnett,
Clarke,

De Courcy,
Ford,
Huston,

Jasper,

Jesup,

May,

Morgan, D.
Morgan, J. S.

Schooling,
Tomlinson,
Wil'is,
Wingate,
Young, S.—16.

An engrossed bill, entitled, an act about Sheriffs’ delinquent lists, was read
the third time.

Resolved, That the said bill do pass and that the title thereof be as afore¬
said.

An engrossed bill, entitled, an act for the benefit of the Lexington and
Ohio Railroad Company, was read the third time.

Mr. Willis moved to amend the said bill by adding thereto the following
engrossed clause by way of ryder, viz:

“Provided said company shall agree to pay a rate of interest on said sum
of not less than six per cent, per annum ; the interest payable half yearly,
and the principal redeemable in twenty five years from the time of the loan.”

The question being taken on the adoptipn of the said amendment, it was
decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and Weller,
were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty,

Jasper,

Jesup,

Tomlinson,

Bradshaw,

Walker, J. Y.

Davidson,

Johnston,

Wallace,

Ford,

Murrell,

Willis,

Guthrie,

Pratt,

Wingate,

Hanson,

Huston,

Roberts,

Young, S.—19.

Those who voted in the negative

were—

Messrs. Ballinger,

May, ■

Weller,

Clarke,

De Courcy,

Morgan, J. S.
Watkins,

Wickliffe—8.

The said bill was further amended by way of ryder.

The question being taken on the passage of the said bill, it was decided
in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and
Davidson, were as follows, viz:

373

JOURNAL OF THE SENATE.

[Feb. 22.

Those who voted in the affirmative were—

Messrs. Beatty,

Jesup,

Wallace,

Davidson,

Johnston,

Watkins,

Ford.

Murrell,

Willis,

Guthrie,

Pitts,

Wingate,

Hanson,

Roberts,

Young, S.—17.

Huston,

Walker, J. Y.

Those who voted in the negative

were—

Messrs. Ballinger,

Jasper,

Tomlinson,

Bradshaw,

May,

Walker, C. J.

Clarke,

Morgan, J. S.

Weller,

De Courcy,

Pratt,

Wickliffe—12.

Resolved, That the title of the said bill be as aforesaid.

A bill from the House of Representatives, entitled, an act authorizing the
condemnation of land fur toll houses, was read the third time, as amended.

The question being taken on the passage of the said bill, as amended, it
was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Wickliffe and Mur¬
rell, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,
Clarke,
Davidson,
Guthrie,
Hanson,

Huston,
Murrell,
Pitts,
Roberts,
Walker, C. J.

Walker, J. V.
Wallace,
Watkins,
Willis,

Wingate—16.

Those who voted in the negative were—

Messrs. Bradshaw, Jesup, Pratt,

De Courcy, Johnston, Tomlinson,

Ford, May, Weller,

Jasper, Morgan, J. S. Wickliffe—12.

Resolved, That the title of the said bill be as aforesaid.

The amendments proposed by the Plouse of Representatives to a bill'from
the Senate, entitled, an act to amend an act to establish a System of Com¬
mon Schools in the State of Kentucky, were twice read and disagreed to.

•The amendments proposed by the House of Representatives to bills from
the Senate of the following titles, were severally twice read and concurred
in, viz ;

An act for the benefit of John Boggess and his securities.

JOURNAL OF THE SENATE,

FflB.

An act for the completion of the Frakling portion of the Crab Orchard
turnpike.

Resolutions from the House of Representatives upon the subject of the
culture of silk in the State of Kentucky, were twice read and concurred in.

On the motion of Mr. Ballinger, leave was given to withdraw a copy of
a bill in chancery, filed in the papers on the inquiry in relation to the Rich¬
mond and Lexington Turnpike Road Company.

Mr. Guthrie, from the committee on the Judiciary, reported a bill to
amend the charter of the Bardstown and Green Rriver Turnpike Road
Company, which was read the first time and ordered to be read a second
time.

The constitutional rule as to the second and third readings of the said bill
being dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Guthrie, from the committee on the Judiciary, to whom was referred
bills from the House of Representatives of the following titles, viz:

An act to amend 4 the charter of the Lexington and Covington Turn¬
pike Road Company.

An act for the benefit of M. J. W. Ambrose and wife.

An act requiring the Register to register certain surveys, and requiring
the appointment of a Treasurer of the School Fund, in Wayne county.

An act to amend the charter of the city of Covington, reported the same
without amendment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as afore¬
said.

On the motion of Mr. Guthrie, the committee on the Judiciary was dis¬
charged from the further consideration of all the business before them, ex¬
cept an act changing the terms of the Court of Appeals, and for other pur¬
poses.

Mr. Wingate, from the committee of Religion, to whom was referred
bills from the House of Representatives of the following titles, viz:

An act for the divorce of Nancy Lyon.

An act for the divorce of Polly Hurt, reported the same without amend¬
ment.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

On the motion of Mr. Wingate, the committee of Religion was discharg¬
ed from the further consideration of all the business before them.

374

JOURNAL OF THE SENATE.

[Feb. 22 ,

Mr. Ballinger, from the committee of Internal Improvement, to whom
was referred a bill from the House of Representatives, entitled, an act to
amend the charter of the Louisville and Elizabethtown Turnpike Road Com¬
pany, reported the same with an amendment.

The said bill is as follows, viz:

Be it enacted by the General Assembly of the Commonwealth of Kentucky ,
That [ the Board of Internal Improvement be, and they are hereby directed
to subscribe for an additional amount of stock in the Louisville and Eliza¬
bethtown Turnpike Road Company, at the rate of two dollars, on the part of
the State, for one taken by private individuals, provided, that so much may
be necessary to complete said road from Louisville to the mouth of Salt
river; and j the charter of said company is hereby so amended as to au¬
thorize the President and Directors to make a covered road instead of a
McxUdamized road, provided that the Board of Internal Improvement shall
assent thereto.

The said amendment proposes to strike out all that part of the bill in¬
cluded in brackets.

Mr. J. S. Morgan moved to lay the said bill and amendment on the
table.

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Guthrie and David¬
son, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty,
Bradshaw,
Clarke,
Davidson,

De Courcy,
Morgan, D.
Morgan, J. S.

Murrell,
Walker, C. J.
Wallace-^ 10.

Those who voted in the negative were—

Messrs. Ballinger,
Ford,
Guthrie,
Hanson,
Huston,
Jasper,

Jesup,

Johnston,

May,

Pitts,

Roberts,

Schooling,
Tomlinson,
Watkins,
Weller,
Wingate—16.

The question was then taken on concurring in the said amendment, and
it was decided in the negative. The Senate being equally divided, the
Speaker voted in the negative.

The yeas and nays being required thereon by Messrs. Guthrie and De
Courcy, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Ballinger,
Beatty,

Bradshaw, Davidson,

Clarke, De Courcy,

Fkb. 22.]

JOURNAL OF THE SENATE.

375

Jasper, Murrell, Wallace,

Morgan, D. Walker, C. J. Wingate—13.

Morgan, J. S.

Those who voted in the negative were—

Messrs. Ford, Johnston, Schooling,

Guthrie, May, Tomlinson,

I-Ianson, Pitts, Watkins,

Huston, Roberts, Weller—13.

Jesup,

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading beiiig dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

Mr. Ballinger, from the same committee, to whom was referred bills from
the House of Representatives of the following titles, viz:

An act to incorporate a company to construct a turnpike road from the
mouth of Salt river to Smithland.

An act to amend the several acts establishing a road from Taylorsville
to Jeffersontown.

An act to establish a State road from the town of Paducah to the State
line, in a direction to Paris, reported the same without amendment.

Ordered, That the said bilis be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bills do pass, and that the titles thereof be as
aforesaid.

An act for the benefit of Harrison Rankins, and wife, and children.

An act to amend the seventh section of an act to prevent the increase
of vagrants, and other idle and disorderly persons, in this State.

An act for the benefit of the Clerks of Clinton, Adair and Cumberland
counties.

An act to authorize a change of venue in the trial of John S. Lasley.

An act to incorporate the Maysville Lyceum.

An act to repeal so much of the 79th section of the militia law as requires
the militiamen to carry guns to muster.

An act for the benefit of Rebecca Evans.

An act for the benefit of Mary McBrayer, and her children.

An act to amend the law concerning the action of trespass.

An act to amend an act, entitled, an act to authorize the citizens of the

JOURNAL OF THE SENATE.

376

[;Feb. 22.

town of Columbus, in the county of Hickman, to elect their trustees, and for
other purposes, approved February 9, 1S37.

An act to amend the 14th section of an act, entitled, an act to amend
the charter of the city of’Louisville, approved 16th of January, 1S38.

An act for the benefit of the estate of Franklin C. Averil.

An act for the benefit of William Spratt, and others.

An act to appoint trustees for the town of Summersville.

An act to change the time of holding the Green Circuit Court.

An act for the benefit of Anderson Dunn, Isaac Hemingway and William
Ratcliffe. Approved February 14, 1839.

An act to incorporate the Shelbyville Fire, Marine and Life Insurance
Company.

An act to incorporate the Blue Lick Hotel and Water Company.

An act to reduce into one the several acts in relation to the town of
Frankfort, and for other purposes.

An act for the benefit of the estate of Guthrie Morris.

Approved February 16, 1839.

An act to amend the charter of the town of Paducah.

An act to allow an additional Justice of the Peace and Constable for
Washington county.

An act to regulate the- mode of appointing trustees to the Cumberland
Hospital.

An act to regulate the town of Clay Village.

An act to incorporate the town of Rumsey, and to-amend the charter of
the town of Caseyville, in Union county.

An act to incorporate the town of Louisa, in Lawrence county.

An act to incorporate the Kentucky and Louisville Mutual Insurance
Company. Approved February IS, 1839.

An act authorizing the Clarke County Court to appoint a Treasurer.

An act for the benefit of the Sheriff of Marion county.

An act for the benefit of John Weeks, late Sheriff of Caldwell county.

An act for the relief of the Sheriff of Caldwell county.

An act for the benefit of John M. Emerson and his securities.

, An act for the benefit of Austin S. Tyler, Sheriff of Hickman county.

An act for the benefit of the widow and heirs of Stephen Gilbert, de¬
ceased.

An act to amend an act, entitled, an act to incorporate the Lebanon and
Marion Turnpike Road Company, approved February 17th, 1836.

An act to close up the old road over Muldrow’s hill.

JOURNAL OF THE SENATE. S77

incorporate the Hopkinsville and Clarksville

An act to amend an act to

Turnpike Road Company.

An act for the benefit of Tabitha Hix.

An act to repeal in part an act to change the bounds of the 7th division
of Kentucky Militia, and for other purposes.

An act increasing the powers of the trustees of Barboursville.

An act for the benefit of Noah C. Summers, and others.

An act to authorize the Scott and Anderson County Courts to impose an
additional county levy.

An act to amend the charter of the Logan, Todd and Christian Turn¬
pike Road Company.

An act to regulate the administration and settlement of estates.

An act for the benefit of the late and present Sheriffs of Washington
county.

An'act to amend an act, entitled, an act supplemental to an act providing
for the compensation of jurors, approved February 23, 1S37.

An act to incorporate the Transylvania Institute, and for other purposes.

Approved February 20, 1S39.

Three messages, in writing, were received from the Governor, by Mr.
Bullock, Secretary of State.

The rule of the Senate being dispensed with, the said messages were taken
up. One of them was read as follows, viz:

Executive Depatment, )
February 22, 1S39. \

Gentlemen of the Senate

and House of Representatives:

In compliance with the request of his Excellency, the Governor of New
Jersey, made in obedience to a resolution of the Legislature of that State,
I herewith transmit a copy of a series of joint resolutions, together with a
report of the joint committee of the Council and General Assembl y' of the
State of New Jersey, respecting the public lands.

JAS. CLARK.

Ordered, That the said message be laid on the table.

The other two messages were read as follows, viz:

Executive Department, ;
February, 22, 1S39. )

Gentlemen of the Senate:

I nominate for your advice and consent, Stephen Jett, Hardin Combs,
Alexander Herald", Jeremiah W. South, Thomas Higgins, James P. Cope,
Harman Hurst, Allen Moore, Simeon Bohannon, Claiborn Crawford, and
Andrew Pence, to be Justices of the Peace for the new county of Breathitt.

' v ■ • .

— -*T1* >-• - —" ^

JOURNAL OF THE SENATE.

[Feb. 22.

Richard South to be Sheriff, and William Allen to be Coroner of the said
new county of Breathitt.

William A. Cocke, to be Marshal of the Louisville Chancery Court.

Thomat S. Page, Jacob Swigert and Albert G. Hodges, to be securities
of James Davidson in his official bond as Treasurer.

William H. Pope, Angernon Gray and David Heran, to be Directors of
the Bank of Kentucky.

Charles C. Moore, Robert Wickliffe, Jr. and Henry T. Duncan, to be
Directors of the Northern Bank of Kentucky.

Madison C. Johnson, William M. Brand, Henry Clay, Jr., Benjamin Gratz
and Leslie Combs, to be Trustees of Transylvania University.

James T. Morehead to be President, and James R. Slides, Manlius V.
Thomson and Samuel Daviess, to be members of the Board of Internal Im¬
provement.

John B. Hicks, to be Police Judge in the town of Paducah.

JAS. CLARK.

Executive Department, I
February 22, 1S39. \

Gentlemen of the Senate:

I nominate for your advice and consent, William Ratcliff, to be Major
General of the 7th Division, in place of Thompson Ward, removed.

James Workman, to be Colonel of the 65th Regiment, in place of John
A. Turner, resigned.

Joseph T. Swetman, to be Lieutenant Colonel of the 65th Regiment, in
place of James Workman, if promoted.

David W. Fletcher, to be Major of the 65th Regiment, in place of Joseph
T. Swetman, if promoted.

Fountain Cunningham, to be Lieutenant Colonel of the 41st Regiment,
in place of Jacob B. Hopkins, resigned.

William PI. Cunningham, to be Major of the 41st Regiment, in place of
Fountain Cunningham, if promoted.

Daniel Morgan, to be Colonel of the 5Sth Regiment, in place of St. Clair
Emmons, resigned.

Washington Fugna, to be Lieutenant Colonel of the 5Sth Regiment, in
place of Daniel Morgan, if promoted.

Francis R. Daviess, to be Major of the 5Sth Regiment, in place of Wash¬
ington Fugna, if promoted.

JAS. CLARK.

Resolved, That the Senate advise and consent to the appointment of the
several persons as nominated, and approve of the said securities of James
Davidson as Treasurer.

The yeas and nays being required on advising and consenting to the ap¬
pointment of James R. Skiles as a member of the Board of Internal Im¬
provement, by Messrs. Willis and Pratt, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty,
Clarke,

Davidson,
De Courcy,

Ford,

Guthrie,

Feb. 22.]

Hanson,

Jesup,

Johnston,

May,

Morgan, D.

JOURNAL OF THE SENATE.

Roberts,

Schooling,

Tomlinson,

Walker, C. J.

Walker, J. V.

379

Wallace,
Watkins,
Wickliffe,
Young, S.—20.

Those who voted in the negative were—

Messrs. Ballinger, Jasper, Pi-att.

Bradshaw, Morgan, J. S. Weller,

Burnett, Murrell, Willis

Huston, Pitts, Wingate 12.

Mr. Beatty, from the committee on Education, to whom was referred
a bill from the House of Representatives, entitled, an act to incorporate the
Munfordsville Polemic and Literary Society, reported the same without
amendment.

Ordered, That the said bill be read a third time.

The constitutional rule as to the third reading being dispensed with,

Resolved, That the said bill do pass, and that the title thereof be as
aforesaid.

A message was received from the House of Representatives announcing
that they had received official information that the Governor had approved
and signed enrolled bills which originated in that House of the following
titles, viz:

An act for the benefit of the Clerks of the Henderson, Barren, Simpson,
Logan and Union Circuit and County courts.

An act for the divorce of Hugh Lane.

Approved Feb. 12, 1S39.

An act to establish the town of Brooksville, in Bracken county.

Approved Feb. 16, 1S39.

An act to incorporate the town of Port Royal.

An act to increase the powers of the trustees of the town of Columbia.

An act to establish the town of Hillsborough, in Fleming county.

An act to establish an election precinct at S. R. Pace’s store, in Barren
county.

An act to extend the limits of the town of Bowlinggreen, in Warren
county.

An act for the benefit of the Sheriff of Livingston county.

An act for the relief of the widow and heirs of Robert S. Samuel.

An act for the benefit of the infant heirs of Samuel Pottiuger, deceased.

An act for the benefit of Thompson N. Stratton, late Sheriff of Lewis
county.

An act to increase the capital stock of the Falmouth Bridge Company,
and for other purposes.

3S0 JOURNAL OF THE SENATE. [Feb. 22.

An act to increase the pay of patrollers, in Fayette, Henderson and
Breckinridge counties.

An act to establish a State road from the mouth of Salt river to Bow-
linggreen, through Grayson county.

An act to incorporate the trustees of the Republican School, in Bracken
county.

An act for the benefit of the representatives of Rodolphus B. Great-
house, deceased.

An act for the benefit of the heirs of Harmon A. Stidger, deceased.

An act to provide for running the line between Marion and Washington
counties.

An act for the divorce of Maria K. Vance.

An act in relation to certain election precincts in Lawrence and Hardin
eounties.

An act vesting the Trustees of the towns of Lebanon and Springfield,
with power to cause certain streets of said towns to be McAdamized or
paved.

An act to enlarge the powers of the trustees of Brandenburg.

An act for the divorce of Eliza H. Bush.

An act for the divorce of John M. Emerson, Jr.

An act for the benefit of JohnG. Scroggin, surveyor of Bourbon county.

An act for the benefit of Thomas Sweeney.

An act for the benefit of the heirs of John Carey, deceased.

An act for the benefit of William Vice.

An act for the benefit of the Sheriff of Montgomery county.

An act to incorporate the towns of New Haven and Hodgenville.

An act for the benefit of the Sheriff of Jefferson county.

An act appointing trustees of the Lebanon Academy, in Todd county.

An act to incorporate the Paris Fire, Life, and Marine Insurance Com¬
pany,

Approved, Feb, 18, 1839.

An act to amend the several acts concerning the towns of Paris and
Elizabethtown.

An act for the benefit of John Steele.

An act requiring a special County Court to be held in Shelby county for
the purpose of swearing in deputy Sheriffs.

An act for the benefit of Fountain Cunningham.

An act to change the place of voting in the Scaffle Cane precinct, in
Rockcastle county.

An act to establish an election precinct in Christian county.

An act to abolish an election precinct at Peter Miller’s, on Knob creek,
in Bullitt county.

JOURNAL OF THE SENATE.

SSI

Feb. 22.]

An act for the divorce of Rebecca Hutchinson.

An act for the benefit of Dawson Elliott, of Madison county.

An act for the benefit of the Clerks and Sheriffs of this Commonwealth.

An act for the benefit of Enoch \ antis.

An act to incorporate the town of Wyoming, in the county of Bath.

An act for the benefit of George W. Williams.

An act for the benefit of James W . Finnie.

An act concerning the towns of Warsaw and Monticello.

An act to reduce into one the several attachment laws, and foi settling
proceedings on attachments against absconding debtors.

An act to change the time ot holding the Hailan, leiiv, Bieathitt and
Olay Circuit Courts..

An act for the benefit of John Myers.

An act to incorporate the Hickman Turnpike Road Company.

An act to amend an act, entitled, an act to incorporate the Jefferson Pond
Draining Company, and Rough Creek Manufacturing Company.

An act for the benefit of William Gilpin and Frances Gilpin.

An act to incorporate the Newton Society of Bacon College.

An act authorizing the sale of real estate of Hiram Spurlocks, deceased,
and for other purposes.

An act to establish the Southern Bank of Kentucky.

An act for the benefit of the Clerks of this Commonwealth.

An act to allow an additional Justice of the Peace in Carroll county.

An act to allow an additional Justice of the Peace in the counties of Pen¬
dleton and Warren.

An act to extend the August term of the Anderson Circuit Court.

An act to change the name of Eloisa Rook to that of Eloisa Marshall

An act changing the terms of the Fayette Circuit Court.

An act allowing one additional Justice of the Peace to the county of
Mercer.

An act to continue in force an act for the benefit of the holders of head-
right certificates.

An act to regulate the 9th and 12th Judicial Districts.

An act to authorize the County Court of Woodford to convey to trus¬
tees a portion of the public square in the town of Versailles.

An act to authorize the settlement of the accounts of Worden Pope,
late Clerk of the Jefferson County and Circuit Courts.

An act for the benefit of the Sheriff of Floyd county.

An act allowing an additional Justice of the Peace to the county of
Logan, and an additional Constable to Hopkins county.

An act for the benefit of Robert G. Lewis.

An act for the benefit of Joseph McDowell.

382 JOURNAL OF THE SENATE. [Feb. 22

An act to authorize the election of trustees of the town of I oit Oliver,
in the county of Allen.

An act to amend an act, entitled, an act to regulate the election of trus.
tees of the town of Scottsville.

An act to provide for the appointment of Attorneys for the Common¬
wealth.

An act to allow additional Justices ot the Peace and Constables to several
counties.

An act for the benefit of the heirs and representatives ol Jos. Walker.

An act for the benefit ot James R. Wright, guardian of Eliza Jane

Curie, legalizing the sale of a slave made by him.

Approved Feb. 20, 1839.

An act authorizing a sale of the land and slaves descended to Mary Mc-
Pheters.

An act for the divorce of Sarah McGinnis.

An act for the benefit of Sandy II. Aldridge.

An act to change the names of Elizabeth Harris’ children.

An act for the divorce of Ilhoda Lytle.

An act to incorporate the trustees ol the Mount Zion Methodist Epis¬
copal Church, in Bracken county.

An act concerning the estate of Daniel Riley, deceased.

An act for the benefit of certain subscribers to the Protestant Episcopal
Church of Russellville.

An act for the benefit of Anne PI. Blair, and the widow and heirs of
William C. Warfield.

An act for the benefit of the Sheriff of Livingston county.

An act to allow an additional Constable to the county of Monroe.

An act to change the time of holding the Muhlenburg Circuit Court.

An act to amend an act, entitled, an act to regulate equitable proceedings
under five pounds, before Justices of the Peace.

An act to amend an act, entitled, an act to prevent further confliction
in land claims, and to secure to seatersand improvers, a preference of loca¬
tion to lands improved by them.

An act for the benefit of Thomas Croper, James Southard and William
g U gg. Approved Feb. 21, 1S39.

Mr. Hanson, from the committee of conference on the disagreement be¬
tween the Houses on the fifth amendment proposed by the House of Repre¬
sentatives to a bill from the Senate, entitled, an act to establish the office of
Comptroller of the Treasury, and for other purposes, reported that the com¬
mittee could not come to an agreement.

On the motion of Mr. Hanson,

Resolved, That the Senate recede from their disagreement to the said
amendment.

JOURNAL OF THE SENATE.

_ . mnuni a i . ■ in I r i t '. nnv /i I u.

Feb. 22.]

The Senate resumed the consideration of the report of the committee of
Internal Improvement on the case of James R. Skiles and his communica¬
tion to the Senate.

Mr. Murrell Moved the following resolution, viz:

Resolved, That the Sergeant-at-Armes of the Senate return to James R.
Skiles, Esq. the papers sent into the Senate by said James R. Skiles—the
same being, in the opinion of the Senate, improper and disrespectiul to the

St Mr. Beatty moved to amend the said resolution by striking out all after
the word “resolved,” and inserting in lieu thereof the following, viz:

“That the communication of James R. Skiles, made to the Senate to-da),
be rejected, and that he be permitted to withdraw the same.”

The question being taken thereon, it was decided in the negative.

The yeas and nays being required thereon by Messrs. Beatty and Wal¬
lace, were as follows, viz:

Those who voted in the affirmative were—

Messrs. Beatty,

De Courcy,
Ford,

Guthrie,

Hanson,

Jesup,

May,

W atkins—8.

Those who voted in the negative were—

Messrs. Ballinger,
Bradshaw,
Burnett,
Clarke,
Huston,

Jasper,
Morgan, J. S.
Murrell,

Pitts,

Walker, C. J.

Walker, J. V.
Wallace,
Weller,
Wickliffe,
Wingate—15.

The question was then taken on the adoption of the resolution offered by
Mr. Murrell, and it was decided in the affirmative.

The yeas and nays being required thereon by Messrs. Murrell and Willis,
were as follows, viz:

Those who voted in the affirmative were—

Wallace,

Weller,

Wickliffe,

Willis,

Wingate—16,

Morgan, J. S.
Murrell,

Pitts,

Walker, C. J,
Walker, J. V.

Messrs. Ballinger,

Bradshaw,

Burnett,

Clarke,

Huston,

Jasper,

Those who voted in the negative were-

Messrs. Beatty, Guthrie,

De Courcy, Hanson,

Ford, Jesup,

Morgan, D.

W atkins,
Young, S.—9

JOURNAL OF THE SENATE.

A message was received from the House oi Representatives, announcing
that they had insisted on their amendment to a bill Irom the Senate, en¬
titled, an act to amend an act to establish a System ol Common Schools in
the State of Kentucky, and had appointed a committee ot conterence on
their part.

The said amendmen't proposes to add to the bill the following section, viz;

Sec. 89. Be it further enacted , That so much ot the act establishing a
System of Common Schools as allows a salary of one thousand dollars to
the Superintendent ol the Board ol Education be, and the the same is hereby
repealed.

Mr. Willis moved that the Senate recede'from their disagreement to the
said amendment.

The question being taken thereon, it was decided in the negative.

The veas and nays being required thereon by Messrs. De Courcy and
Watkins, were as follows, viz:

Those who voted in the affirmative were—

May, Schooling,

Morgan, J. S. Willis,

Murrell, Wingate,

Pitts. Young, S.—13.

Messrs. Bradshaw
Burnett,

Davidson,

Guthrie,

Jesup,

Those who voted in the negative were

Messrs. Ballinger, Hanson,

Beatty, Huston,

Clarke, Johnston,

De Courcy, Walker, C. J.

Ford, Walker, J. V.

Messrs. Ilanson and Wickliffe were appointed a committee of conference
on the part of the Senate.

After a short time Mr. Hanson reported that the committee of conference
had met and agreed that the House of Representatives ought to recede from
their said amendment.

A message was received from the House of Representatives, announcing
that they had concurred in the report of the committee, and receded from
their amendment.

Mr. Johnston, from the committee of Finance, to whom was referred a
bill from the House of Representatives, entitled, an act for the appropri¬
ation of money, reported the same with amendments—which were con-
cuired in.

The said bill was further amended and ordered to be read a third time.

The constitutional rule as to the third reading being dispensed with,

Wallace,
Watkins,
Weller,
Wickliffe—14.

JOURNAL OF THE SENATE,

Feb. 22.]

tote*, That said bill, as amended,do pass, and that the file thereof
bE 2ftefa strt time a message teas received from the House of' Represents-
tivesannou^ “"“l^es.'.ere re-

pofted from the several ^mfiaitteesTo whom they were referred, without

“ Bytriiaton, from the committee of Finance-An act for the benefit

0, By ^ *• committee of Internal Improvement-An

net for the benefit of Robert Arbery. . n . ,

‘ An act to establish a State road from the town of Hickman, in Hickma

countv. to Feliciana, in Graves county.

An act to establish a road from Harrodsburg, in Mercer county, to the

Delaney’s old road, in Anderson county.

Ordered, That the said bills be read a third time.

The constitutional rule as to the third reading being ls P ens ® ’

Resolved, That the said bills do pass, and that the titles thereof

aforesaid.

On the motion nf Mr. C. J. Walker, leave was given to withdraw the pe¬
titions of John Martin and David Thomas.

Mr. Murrell, from the committee of Enrollments, reported that the com-
mi ties had examined enrolled bills which originated in the Senate, of the

tsUIjii

380 JOURNAL OF THE SENATE. [Feb. %

An act lor the benefit of John Boggess and his securities, and James G
Hardy.

An act establishing the office of Second Auditor, and for other purposes
And that they had examined enrolled bills which originated in the House'
of Representatives of the following titles, viz:

An act further to provide for the internal improvement of the State.

An act for the benefit of the heirs of Reuben Sullinger, deceased.

An act allowing additional Justices of the Peace to several counties, and
for other purposes.

An act to add a part of Pulaski to Russell county.

An act for the benefit of the infant heirs of Edward Ilord, deceased.

An act to incorporate the JVJunfordsville Bridge Company.

An act for the benefit of Stephen R. Chenowith, jailer of Jefferson
county, and Henry Payne, jailer of Union county.

An act for the benefit of the Sheriffs of Gallatin and Clarke counties.

An act to amend an act, entitled, an act to amend and reduce into one
the several acts for the inspection of tobacco, approved February 10, 1798,
An act to amend an act, entitled, an act to increase the resources of
the Sinking Fund.

An act to legalize certain proceedings of the Morgan County Court.

An act for the benefit of Recter Gore and others.

An act for the divorce of Polly T. Ellison.

An act for the divorce of Nancy T. Sanders.

An act for the divorce of Matilda Jones.

An act for the benefit of the mechanics of Brandenburg.

An act to abolish certain streets, and parts of streets, in the town of Can¬
ton, in Trigg county.

An act for the benefit of the orphans of Louisville.

An act to authorize the County Court of Ohio county to take stock in
the Hartford Bridge Company.

An act to amend an act, entitled, an act for the benefit of the heirs of
James Allen, deceased.

An act to change the place of voting in the Ruddell’s Mill precinct, in
Bourbon county.

. The said bills bein g signed by the Speaker of the House of Representa¬
tives, the Speaker of the Senate affixed his signature thereto, and they were
delivered to the committee to be presented to the Governor for his approba¬
tion and signature. After a short time Mr. Murrell reported that the com¬
mittee had performed that duty.

Mr. Beatty, from the committee on Education, to whom was referred a
bill from the House of Representatives, entitled, an act to amend an act to
establish a System of Common Schools in the State of Kentucky, approved

3S.

February 16, re l JUI

CU "tL,, That t';- Ml, as —

The question being taken on tne pas.a e

m £S£5?— *— s - *- md v

lace, were as follows, viz.

Those who voted in the affirmative were—

Schooling,
Walker, J. V.
Wallace,
Weller,
Wickliffe,
Willis,

Wingate—21

Messrs. Ballinger,
Beatty,
Davidson,
De Courcy
Ford,
Hanson,
James,

1 a tincr to the intercourse between tms Dime mm. . V

government, and such other business as may be referred to said c
Mr. Ballinger, from the committee of Internal Improvement,
bill to incorporate the Princeton and Ohio Turnpike Road Comp
was read the first time and ordered to be read a second time.

The constitutional rule as to the second and third readings of
being dispensed with, and the same being engrossed.

Resolved, That the said bill do pass, and that the title thereof

^ Mr. Ballinger, from the same committee, to whom was refe
tions from the House of Representatives for a route for arailroa
ington to the mouth of Big Sandy, reported the same with an an
which was concurred in, and the said resolutions were conci

amended. . T

On the motion of Mr. Ballinger, the committee oi Internal I

was discharged from the further consideration of all the bus
them.

Mr. Hanson, from the committee of Finance, to whom was r
nrovidimr adequate pay to witnesses summoned to appear befc

388 JOURNAL OF THE SENATE. [Feb. gj_

mittee of Internal Improvement during the present session of the Legisla-
ture, reported the same without amendment.

The said bill was amended, and ordered to be engrossed and read a third
time.

The constitutional rule as to the third reading of the said bill being dis-
dispensed with, and the same being engrossed,

Resolved, That the said bill do pass, and that the title thereof be as afore¬
said.

A message was received from the House of Representatives, announcing
that they had concurred in the amendments proposed by the Senate to bills
from that House of the following titles, viz:

An act to change the terms of the Courts in the second Judicial Dis¬
trict, and the terms of the Allen County Court.

An act authorizing the condemnation of land for toll houses.

That they had disagreed to a bill from the Senate, entitled, an act about
Sheriffs’ delinquent lists.

And that they had passed bills from the Senate of the following titles, viz:

An act to incorporate the Louisville and Mississippi Railroad Company

An act to amend the charter of the Newport, Falmouth, Cynthiana,
Paris and Winchester turnpike road.

An act to amend the charter of the Bardstown and Green river Turn¬
pike Road Company.

An act to incorporate the Jefferson Turnpike Company, with an amend¬
ment to the last.

The said amendment was twice read and concurred in.

Mr. Pitts moved the following resolution, viz:

Resolved by the Senate, That it is highly improper for any member of
the Board of Internal Improvement to be concerned, in any way, in any
contract for the improvement of the roads or rivers of this Common¬
wealth.

On the motion of Mr. S. Young, the said resolution was laid on the
table.

And then the Senate adjourned.

JOURNAL OF THE SENATE

FEBRUARY 23, 1S39

SATURDAY,

of Mr Willis, the committee of Propositions and Onev-

Tre d from the further consideration of all the business be¬
an additional rule of the Senate, offered by
was taked up, and the question being taken on

- A

that the, had disagreed to a bill from the Senate, eat,tied, an

benefit of Thomas Smith, of Lexington. r>rescribing

That they had passed a bill from the Senate, entitled, an act piescnbin B

further duties' to the Commissioners of the revenue, vv.th amendments-

” IlittThey hW^d 1 tills from the Senate of the following tides, vet:

An act for the benefit of John B. Whitford, and his securities.

An act increasing the allowance to the jailer of McCracken county or

ke Anact for the benefit of the Lexington and Ohio Railroad Company.

An act for the benefit of the Clerk of the city Court of Louisville.

An act for the benefit of the Sheriff of Campbell county.

An act for the ^relief of the securities of Wesley M. Garnett, deceased,

and Henderson Murphy.

An act providing adequate pay to the witnesses summoned to appear be¬
fore the committee of Internal Improvement during the present session of
the Legislature.

An act for the benefit of Otho Wilson.

That they had concurred in the amendments proposed by the Senate to
a bill from that House, entitled, an act to amend an act to establish a System
of Common Schools in the State of Kentucky, approved February 16th,

1838

That they had concurred in the amendments proposed by the Senate to
resolutions from that House for the survey of the route for a railroad from

Lexington to the mouth of Big Sandy. .

And that they had unanimously adopted resolutions in relation to t e
communications from the State of Indiana upon the subject of slavery.

The said resolutions were twice read, amended and unanimously adopted.

On the motion
ances was dischai
fore them.

The resolution for adopting
Mr. Wickliffeon yesterday,
the adoption

390 JOURNAL OF THE SENATE. [Feb. 33

A message was received from the House of Representatives, announcing
that they had concurred in the said amendments.

Mr. Guthrie, from the committee on the Judiciary, to whom was refer. I
red the amendments proposed by the House of Representatives to a bill
from the Senate, entitled, an act changing the terms of the Court of Ap.
peals, and for other purposes, reported the same with the opinion of the
committee that the Senate disagree to the said amendments, and they were
disagreed to.

On the motion of Mr. Jasper,

Resolved, That the Public Printer print three thousand eight hundred
copies of the titles of the acts of the present session of the Legislature, to.
gether with a short summary of the contents of each act, for the use of the
members of this House.

A message, in writing, was received from the Governor, by Mr. Bullock,
Secretary of State.

The rule of the Senate being dispensed with, the said message was taken
up and read as follows, viz:

Executive Depatment, )
February 23, 1839. \

Gentlemen of the Senate:

I nominate for your advice and consent, Thomas S. Page, to be Second
Auditor of Public Accounts, and Hubbard H. Kavanaugh, to be Superin¬
tendent of Public Instruction, and Thomas B. Stevenson, to be Clerk of the
Penitentiary.

JAS. CLARK.

Resolved, That the Senate advise and consent to the said appointments
A message was received from the Governor, by Mr. Bullock, Secretary
of State, announcing that the Governor had approved and signed enrolled
bills which originated in the Senate of the following titles, viz:

An act for the benefit of James Doyle and his legal representatives.

An act for the benefit of the trustees of the Glasgow Academy.

An act to incorporate the Lebanon Lyceum.

An act further regulating the duties of the Commissioners of the revenue.

An act declaring the tributaries of Licking and other rivers navigable.

An act to authorize the construction of a road from the bridge on the
Rolling Fork of Salt river, to New Market.

An act to amend the charter of the Maysville Insurance Company.

An act to provide lor writing out the certificates and recording certain
deeds in the Clerk’s office of the Hickman County Court.

An act for the appropriation of the fines in the city of Lexington, and
for other purposes.

An act for the benefit of William N. Taule’s representatives.

JOURNAL OF THE SENATE. * yi

y S in force for the town of Lebanon,
of Locust Port,in Union county,
rand re-marking the line between Green

An act to amend me .

An act to incorporate
An act so authorize tl
and Adair counties.

An act to change the place of voting
county.

An act to establish the Office of Second Auditor, and for other purposes.
A „ act for the bench, of John Bo gg ess
Hardy.

The committee of Enrollments reported that they had examined enrolled
bills which originated in the Senate of the following titles, and had found

the same truly enrolled, viz: „

An act to incorporate the Louisville and Mississippi Railroad Company.

An act to incorporate the Jefferson Turnpike Company.

An act to amend an act to establish a system of Common Schools in the

State of Kentucky. , .. T . .

An act to amend the charter of the Newport, Falmouth, Cynthiana, Paris

and Winchester turnpike road.

An act to amend the charter of the Bardstown and Green River Turn¬
pike Road Company. n ,

An act for the completion of the Frakling portion of the Ciab Oi chard
turnpike, and to amend the charter of the Springfield, Perryville and Dan¬
ville Turnpike Road Company.

An act to amend the law incorporating the town of Bardstown.

An act providing adequate pay to witnesses summoned to appear before
the committee of Internal Improvement during the present session of the Le¬
gislature.

An act for the benefit of the Sheriff of Campbell county.

An act for the benefit of the Clerk of the city Court of Louisville.

An act for the benefit of the Lexington and Ohio Railroad Company.

An act for the benefit of John B. Whitford, and his securities.

An act increasing the allowance to the Jailor of McCracken county, for
keening runaway slaves.

in Bailey’s precinct, in Shelby
Approved February 22, 1S39.

393 JOURNAL OF THE SENATE. [Feb. 23,

lock, Secretary of State, announcing that he had approved and signed said
bills.

A message was received from the House of Representatives, announcing
that they had received official information the Governor had approved and
signed enrolled bills which originated in that House of the following titles, :
viz:

An act to incorporate the Munfordsville Bridge Company.

An act for the benefit of the heirs of Ruben Sullinger, deceased.

An act allowing additional Justices of the Peace to several counties, !
and for other purposes.

An act further to provide for the Internal Improvement of the State.

An act in relation to the Frankfort and Paris Fire Companies.

An act for the divorce of Matilda Jones.

An act to abolish certain streets, and parts of streets, in the town of Can- fl
ton, in Trigg county.

An act for the divorce of Nancy T. Sanders.

An act for the divorce of Polly T. Ellison.

An act to legalize certain proceedings of the Morgan County Court.

An act for the benefit of Rector Gore, and others.

An act to amend an act, entitled, an act to increase the resources of the
Sinking Fund.

An act to amend an act, entitled, an act to amend and reduce into one
the several acts for the inspection of tobacco, approved February 10, 1798,

An act for the benefit of Stephen R. Chenoweth, jailer of Jefferson coun¬
ty, and Henry Payne, jailer of Union county.

An act for the benefit of the Sheriffs of Gallatin and Clarke counties.

An act for the benefit of the infant heirs of Edward Hord, deceased.

An act to add a part of Pulaski to Russell county.

Approved Feb. 22, 1839.

An act to amend the act, entitled, an act for the benefit of the heirs of
James Allen, deceased.

An act to change the place of voting in the Ruddle’s Mill precinct, in
Bourbon county.

An act for the benefit of the Orphans of Louisville,

An act to authorize the County Court of Ohio county to take stock in
the Hartford Bridge Company. Approved Feb. 23, 1S39.

The committee of Enrollments reported that they had examined enrolled
bills and resolutions which originated in the House of Representatives of
the following titles, and had found the same truly enrolled, viz:

An act providing for the purchase of certain books for the use of the
State.

JOURNAL OF THE SENATE. 393

F “' al «, of B. H: Flower, Of Russell county, and William

An act for the benefi °

i ® ale!>0t , M rSg’ai J U« of venue in the prosecution against antes

T^^oauthoHaethe^ofvacant^sofland.estof.e

<* K 1555 ~ * B 4 ta ® reelFte ' L,fea " 4 “““ 8

ance Company. , Ambrose Wickersham.

I TnZt'Z aW^r^ct a turnpike road from the

An act to incorporate a company

mouth of Salt river „f land for toll houses.

1 oharterof the Lexington and Covtng

I .

An act for the benefit of M-■ A[idMs0[1 Seminary.

I £ d”vo.cr»FNancy Lyon.^ ^ ^ ^ ,„ dicia , District,

An act to change the terms o
An r thp Allen County court. •

and the terms of the AUe Social Lrbrary.

An net to incorporate the r

I A ” *1 ££ V sSad from Colemans*, in Harrison conn y,

I a roa4 ftoraTaylors,i " e

I —

An act to amend the act 16 is38. . . n

£ C Ticu"h a Shorn Harrodsburg, in Mercer county, » .he

Delaney’s old road, in Anderson county.

JOURNAL OF THE SENATE.

[Feb. 23 .

An act to amend an act, entitled, an act to incorporate the Adairsvil!,.
Russellville and Muddy river Transporting Company. '

An act to establish a State road from the town of Paducah to the Stat*
line, in a direction to Paris.

An act to incorporate the Munfordsville Polemic and Literary Society.
Resolutions in relation to the communications from the State of Indian-,
upon the subject of slavery.

Resolutions for a survey of the route of a railroad from Lexington to ffi P
mouth of Big Sandy.

Resolutions upon the subject of the culture of silk, &c., in the State of
Kentucky.

The said bills and resolutions having been signed by the Speaker of the
House of Representatives the Speaker of the Senate affixed his signature
thereto, and they were delivered to the committee to be presented to the
Governor for Ins approbation and signature. The committee reported that
they had performed that duty.

Alter a short time a message was received from the House of Represen¬
tatives, announcing that they had received official information that the Gov¬
ernor had approved and signed the said bills and resolutions.

On the motion of Mr. Beatty, a message was sent to the House of Rep-
resentatives informing them that the Senate have finished the Legislative,
business before them, and are now ready to adjourn.

A message was received from the House of Representatives, announcing
that they had finished the Legislative business before them, and are now
ieady to adjourn ; and that they had appointed a committee on their part
to wait on the Governor and inform him of the intended adjournment, and
to know if he had any further communication to make.

Messrs. Beatty, Guthrie and Watkins were appointed a committee on
the part of the Senate.

The Speaker having retired, Mr. Ballinger was called to the Chair, when
Mr. Wingate moved the following resolution, viz:

Resolved, That the thanks of the Senate be tendered to the Honorable
C. A. Wicldiffe for the dignified and impartial manner in which he has dis¬
charged the duties of Speaker of the Senate, during the present session.
Which was twice read and unanimously adopted.

The committee, appointed to wait on the Governor, reported that thev
had performed the-duty assigned them, and were informed by the Governor
that he had no further communication to make, except his wish that the
members may have prosperity through life, and a happy and safe return to
the bosom of their families.

The Speaker having delivered an appropriate address, adjourned the Sen¬
ate without day.

appendix

TO THE

JOURNAL OF THE SENATE

documents

accompanying the governor’s annual message,

GEORGIA,

Executive Department, Georgia j

Milledgeville, 21 st August, looo. )

3 „_,» compliance with «. oMhe “Si

msmit to y ou the c P> Executive of P the State of Maine to deliver up

oject of the refusal ofth ®^ xeC ; tain fugitives from its justice; which

- ' he ° f y °" r

aU a ‘ iU M1 ‘ “ SS ‘° n ' Very ^IorSe B. GILMER.

To His Excellency James Clark, Governor of Kentucky.

tives to the agent of the State of Georgia, in order that they might be mada
ameanable to the violated laws of the State, and the refusal of the Governor
of Maine to comply -with said demand,

That said committee have fully reviewed all the circumstances attending
said demand and refusal; that in the opinion of said committee, the Governor
of Maine has signally failed to show any good and sufficient cause to justify
him in refusing to comply with the just and reasonable demand of the Execu¬
tive of Georgia—but that, on the contrary, the reply of the Governor of
Georgia to the letter of refusal of the Governor of Maine, contains argu-
ments, unanswerable arguments, which should at once have caused that of.
ficer, if at all disposed to comply with the requisitions of the Constitution of
the United States, by performing the sacred duties which it imposed upon
him, or to preserve that courtesy which should ever subsist between the sis¬
ter States of this Union, upon any and every subject, however trifling it
might be in its nature, but more particularly upon questions of such grave
impoit as the one now under consideration, to have caused said fugitives to
be arrested, and the necessary notice of such arrest given to the Governor
ol Georgia, so that they might be made to answer the charges preferred
against them—and, if innocent, to vindicate their innocence—if cr U ilt v to
endure the just punishment of their crimes. &

The refusal of Governor Dunlap, occurring at a period when the minds
ot the people of the South are justly excited, and their feelings most wan¬
tonly outraged, by the machinations of certain fanatics of the North, who
seem determined, in defiance of sound policy and the dictates of honest
patriotism, and of every principle of natural and constitutional law, to keep
up an excitement in relation to a certain species of property, with which no
interference from any quarter whatsoever will be permitted—a propertv
guaranteed to them by the Constitution of the United States, and without
which guaranty, this Union never would have been formed, appears, in the
opinion of your committee, if not like a disposition on the part of the Gov¬
ernor of Maine, to foster and encourage said fanatics in their unholy cru¬
sade against Southern rights, and which, if persisted in, must inevitably
lead to a speedy dissolution of the Union, at least like an inclination to wink
at their proceedings by screening their miserable agents, who alone carry
their doctrines into practical effect, by rvanton depredations upon our pro¬
perty, from the justice of our laws. 1

The reasoning of his Excellency of Maine, in his letter of refusal to the
demand of the Governor of Georgia, is, in the opinion of your committee,
entnely fallacious, and evasive of the true question at issue. The affidavit
of the owner of the stolen slave, directly charges, that the fugitives did, “on
01 about the fourth day of May, eighteen hundred and thirty seven, felon¬
iously inveigle, steal, take and carry away, a negro slave; with having, after
the commission of said felony, fled from the State; and that they were be¬
lieved at the time to be within the limits of the State of Maine.” Is it for
one moment to be presumed that the Governor of the State of Maine was
not aware that larceny is made, by the laws of every State in the Union,
felony; unless, indeed, it may not so be by those of Maine? That State

l n t f!? d : may , h ?Y?! 111 teilder merc y to thieves and incendiaries, declared it
otherwise; but this your committee does not and cannot believe. Whether

REPORT:

laws of Maine, is it not a crime? It is so de-
ie State of Georgia, which fact was commu-
aine, by the Governor of Georgia. Has, then,
that which not only common courtesy, but
and imperative duty required him to perform?

;th the stern requisitions of the Constitution ot the United
“ to support ».Hl defend- No! But he has «■
The act of Congress, passed February 12th, i/9d,
fugitives from justice, and persons escaping from the services ot
- , “l-an act passed in furtherance of the second section of the

their masteis <- ,1 . which says, “a person charged in any

produce the copy Territory, as aforesaid, charging the person sc

cause him or her to be arrested and secured, and notice of the arrest to be gi vei
to the Executive authority making such demand, or to the agent of such ai
lioSy appoJnted to receive the fu|itive, and to cause thefugitive to be delivei
ed to sach agent when he shall appear”—-and further provides, that if no sue
aC rent shall appear within six months from the time ol such arrest, the pn.
X may be discharged,” &c. Now by referring to the documents herein
to annexed, it will appear, that every requisition of the above^recited
was strictly complied with by the Executive ot Georgia. But the Governc
of Maine, in his anxious desire to find an excuse for _ not doing his dut;
says so far as he has received any information relative to Philbrook ar
Keileran, their visit to Georgia was in the course of their ordinary busme
as mariners; their vessel being at the South they navigated it homewar
by The usual route, and in the usual time-they had stated homes to whi.

they openly returned; at those homes they took up their residence, and co
lliey ope J . ’_and. in fill respects, conic

however felony or not, by the

dared by the Penal Code of J

nicated to the Governor of \
the Governor of Maine done
justice, policy, patriotism,
Has he complied with the
States, which he was swor
garded and violated all.
“respecting

delivered. The vessel of the fugitives left, it appears, the port of Savannah
in the usual manner; she pursued the usual track, that of the broad ocean'
(the only one she could possibly pursue,) to reach her port of destination ; she
arrived in the usual time, and, as the Governor of Maine would have us be¬
lieve, “they took up their residence” at their usual homes. On the other
hand, your committee is informed, upon good authority, that when the ow¬
ner, who went in pursuit of the stolen slave, arrived at the port to which the
fugitives fled, to-wit: their homes, they themselves could not be found, al¬
though their vessel was lying in the port; the slave they did find concealed in
a barn, and that, when the party who arrested him were about leaving with
the recovered property, they were pelted by the populace, and the owner
with difficulty escaped from the fury of the mob.

But it is unnecessary to dilate further. All the facts of the case show
conclusively, that the Governor of Maine, if not disposed at the time of the
demand to comply with it for want of information, that he should have done
so on the reception of Governor Schley’s second letter. To that letter no
reply, so far as your committee is informed, has ever been received. Com¬
pelled therefore from all these circumstances to believe, that the constituted
authorities of Maine do not mean to comply with the Laws and Constitution
of the country, but in total disregard of both, to treat with contempt the
just demands of Georgia, all that remains for your committee to perform, is,
to suggest the remedy. This is, indeed, a delicate and difficult task. We
cannot close our ports against the vessels of Maine. We cannot declare a
non-intercourse with her citizens. Either course would be clearly uncon¬
stitutional. To seize upon the persons of her citizens, as hostages, or to
levy upon their property found in our State, by way of reprisal, would also
be unconstitutional; but if not, it w r ould be unjust, because it would be pun¬
ishing the innocent for the guilty. What then ought to be done? Resort
to the ultima ratio? This, in the language of Governor Schley, cannot be
resorted to, without a violation of the Federal Compact; and long, long
may it be before the States of this Union shall be involved in civil coflict.
But knowing that this dreadful alternative must inevitably be ultimately re¬
sorted to as a matter of self-defence, by the people of the South, in case the
unhallowed example of the Governor of Maine, be followed by the authori¬
ties of the other States of the North, and willing to prove to the world, by
our forbearance, our reverence for tire constitution—a forbearance which it is
hoped will hereafter insure us justice, your committee, although strongly dis¬
posed to recommend the passage of a law imposing a quarantine upon all
vessels coming into our waters from the State of Maine, in consequence of
viewing the doctrine of abolition as a moral and political pestilence, which
if not checked will spread devastation and ruin over the land, at this time
simply recommend the adoption of the following resolutions:

Be it therefore unanimously resolved by the Senate and House of Repre¬
sentatives of the State of Georgia in General Assembly met, That the refusal,
on the part of the Governor of the State of Maine, to deliver up, or cause to
be delivered up, upon the demand of the Governor of this State, Daniel
Philbrook and Edward Kelleran, who stand charged with the commission
of a crime against the Iuavs of this State, and have fled therefrom, is not
only dangerous to the rights of the people of Georgia, but clearly and di¬
rectly in violation of the plain letter of the Constitution of the United Slates,
which is in the following words, to-wit: “a person charged in any State with

, • „ shall flee from iustice, and be found in

treason, fd° n V' 01 . V®' ^ demand of the Executive authority of the State
r'rfcffi up, to b« removed to the State hav.ng June-

own than th * fT^J&iessness of any to the constitutional engagement,
to be attained, y J ' , n mia a tions to the common compact; and it then

?>» » paramount to lu „,k n to seek

and^ooude*protection & her a bill of mdic.-

And lie i‘ Court of Chatham county, against

ment shall be found tiue, in t P „ „ f or the offence aforesaid,

bill of indictment, and accompanied by such evidence 1

the act of Congress in such cases ma should the Executive of

„4* ^^nply”"uSs ^dlimand, the Executive of Georgia
Maine refuse ^ ^ resolutions to the Executive of each

Stateln the Union, to be presented to their several Legislutures; and also a
ronv to the President of the United States, and to our Senators and Repre-

sentativesin Congress, to be laid before that body. And should the Legis¬
late of Maine, at its session next after the said resolutions shall have been
forwarded to the Executive of that State, neglect to redress the grievance
herein before set forth, it shall be the duty of the Executive of Georgia to
announce the same by proclamation, and call upon the people of the several
counties on a day in said proclamation to be named, to elect, under like re¬
sections and regulations as in the election of members to the Legislature,
a number of Delegates equal to the number of Senators and Representa¬
tives to which they may be entitled in the General Assembly, to meet in
convention at the seat of Government, on a day to be fixed m said procla
mation, to take into consideration the state of the Commonweal h of Geoi-
o-ia and to devise the course of her future policy, and provide all necessaiy
safeguards for the protection of the rights of her people.

In the House of Representatives, agreed to 22d December, lbd7.

JOSEPH DAY,

Speaker of the House of Representatives.

Attest:

JosEPn Sturgis, Clerk.

In Senate, concurred in the 25th December, 1S37.

ROBERT M. ECHOLS,

Attest:

John T. Lamar, Secretary.

Approved 25th December, 1837.

President of the Senate.

GEORGE R. GILMER,

CONNECTICUT.

REPORT

Of the Joint Select Committee, to whom was referred that part of His Ex¬
cellency's {the Governor of Connecticut) Message, relating to the increase
of the National Executive patronage—as reported to the General Assembly
of Connecticut, May Session, 1838.

The joint select committee, to whom was referred that part of his Excel¬
lency the Governor’s Message, which relates to the increase of the National
Executive patronage, have had the same under consideration, and report:—
That although from the pressure of other duties, they have not been
able to devote that time to the subject which its importance demands—yet,
from a brief and general view of it, which, alone, they have been permitted
to take, they are satisfied that a danger exists from this source to our repub¬
lican institutions, calculated to excite the deepest apprehension. The in¬
crease of that patronage, and the effects of it are evinced in various modes:
in the increase of revenue and expenditure—the number of officers through
whose hands, and into whose pockets it passes—the character and circum¬
stances of their appointments—and the result, in producing a general sub¬
serviency to the appointing power.

Within a little more than eight years, the expenses of the General Govern¬
ment have swelled from about thirteen millions, to about thirty three mil¬
lions of dollars. The first sum, alarmed the political economists who op¬
posed the Administration of Mr. Adams, for the safety of the republic.—
Their language was then of retrenchment—their cry is now that of the
horse-leech, for more. For the purpose of collecting and disbursing the pres¬
ent enormous sums, it is believed that there has been at least a corresponding
increase of officers and agents. The list has been prodigiously enlarged: and
when to the catalogue of those who hold appointments directly from the
Government, in the departments and bureaus at Washington—in the Cus¬
tom houses—the land offices—the ramifications of the Post office—the Army
and Navy, and the embassies abroad—we add the Contractors, Agents,
and employees of all kinds—many of whom are connected with the press—
who depend indirectly upon the Government for their daily bread, it pre¬
sents, indeed, a formidable host. But the danger existing from the multitude
of these placemen, and the immense funds which they are permitted to
handle, is perhaps even less, than that arising from the principle of their
selection, and the tenure of their office. The avenues to wealth and dis¬
tinction in this country are so widely open, that the honest, industrious and
capable, are, for the most part, too prosperous and too independent to ap¬
ply for office. It is usually those of another class, who are the most eager
for place, and who come up with their clamors, into the very kneading
thoughts of the appointing power. The test question respecting an appli¬
cant, once was, “is he honest? is he capable?—is he faithful to the Constitu¬
tion?” Of late years a new and fearful rule has been adopted—a rule at
war with the fundamental principles of a free government. The offices

, l -thprto been considered as a trust for the benefit of the people,
which have hither . for the use of a victorious party. And the

are now declared 1 . ^ oes the applicant follow the camp of the Con-

question ot course w 9 ■ principles, have lately been advanced; that

t ueror? Other new and strang I 1 .. j aw are the mere subor-

public officers, instead of bel °Spresident—that this chain of office-holders,
dinates, the creatures of the P esidc"t t Government-and that

from that high functionary^ down foi m gpecmny

it is the first duty ot the Governmen^ to to corrU ption;

The avowal ot such doctrines seem^ hire P ery * extraordinary , if

and from the inhimity ot h underS to od , and eagerly accepted. The

the invitation were not lcaui y , ade an i SSU e, between the

avowal of these doctrmes has JTs*. And the rights of

1'Sew arl de’cSto be para.— »

of r

of the -Federalist: “thatpower over a doubtless true—but under
and admitted to be power over his will ^ ^^ power been usedf
former administrations so seldom and ^f^^ a com ^ vative l y free. It

that it was scarcely know , , r s be ] ea dinc men who made that

remained for an administration composed ot the leaning r ^ ^ ^ ^ ^

report, to establish a principle:, whose un r ! g footstool of the-Executive.

of all subordinate officeS^will come when the nomination

In the same report, it is said, that the t Senate, and his recom-

by the President, can carry any , ™ . Houses of Congress—

mendation can carry any measure tb F° u S _ d avowe d, “the President
when the principle of public actionand he

wants my vote, and I What will this be but the government

“iitecy correctly, at those who are

is found in thXil ty With which men of the highest official dignity in then

scramble for a

ment-a place in the Custom House-or the office of a Postpias ei. Fo

litical divisions in the States can thus be qhieted-rivalnes^ can thus g be: r

conciled—opponents can be bought—and partisans rewarded. If a syce.,
phant of the Federal Government is defeated, as the candidate for office in his
own State, from a want of confidence in his ability or honesty, on the part
of those who know him best, this rejection may be made his passport to a
far more profitable place under that Government. From an unsuccessful
demagogue, he may be converted into a martyr, and receive a martyr’s re
ward. “

In the collisions which may occur in Congress, between the interests of
the Government and those of the people, separated as they now are, pat¬
ronage is an almost unlimited fund in the hands of the former, to buy the
chosen champions of the latter. A lure may be held out so attractive, as
to tempt even an officer presiding over the people’s own branch, and exten¬
sively controlling its deliberations and proceedings, to become an instrument
of the Executive.

'It is thus that the independence of the State sovereignties is jeopardized
and a consolidated Government, republican in name, but a monarchy in fact*
is in danger of being established. Well might the present Chief Magistrate
of the Union, now take up the lamentation which he once uttered, over the
lost rights of the States. At the present time, in the words of that report

which has before been referred to, “the Press, with some exceptions_the

Post Office—the armed force, and the appointing power, are in the hands of
the President, and the President is not in the hands of the People. The
President may, and in the current of human affairs will be, against the peo¬
ple. The arbiters of human fate, must be against them also. This will not
do. The possibility of it, must be avoided. The safety of the people is
the supreme law, and to ensure that safety, these arbiters of human fate
must change position, and take posts on the side of the people.”

In conclusion, the committee fully respond to the sentiments of his Ex¬
cellency’s Message, on the danger of National Executive Patronage,
and for the purpose of endeavoring as far as possible to check its progress]
they recommend the passage of the accompaning resolution, all of which is
respectfully submitted.

Per order

E. WOODRUFF, Chairman.

State of Connecticut, ss. )
Office of the Secretary of State, June 13 th, 1838. \

I hereby certify that the foregoing is a true copy of the original repo.t
on file in this office. D

In testimony of which, I have hereunto affixed the Public Seal of
this State, and my official signature, on the day and date above
mentioned.

ROYAL R. IIINMAN, Secretary.

i a hht nf the State of Connecticut, holden at New-Haven,
At a G TsLt S onV^fL Wednesday of May, in the year of our Lord
171 thousand eight hundred and thirty eight -

one thousand g g Representatives in General Ass^bly

Resoved by the Senate and 1 R c -p res€ f nta t ives of this State in the Con-

convened, That the >ena a nd they are hereby, requested to endeavor

gress of the UniteState,. ,be, and^ ? by Congress of an

by all just “ nc J, pl f ! titutiom of the United States, in the manner pie-

amendment to the ■ , f w herebv the power of nominating, ap-

scribed by the P>"S ^ ’ 0 | Urn United States, except officers Naval

“ £™S°rman“er!°as may be specified in such amendment or presented
‘ft-, That bis fce.lency‘be

Sl'it ivemi Sta.esI rvith a request that the same be com-
municated to their respective Legislatures.

Offce of the Secretary of s.ud State, )
June loth , loots. )

Executive Office, /

June 13i/i, A. D. 1S38. )

In compliance with the above Resolution, I will thank you to communi¬
cate the same to the Legislature of your State.

With sentiments of high consideration,

Your humble servant,

W. W. ELLSWORTH.

His Excellency, the Governor of Kentucky.

---~r-—

Resolutions relating to the disposition of the Public Lands of the Uni¬
ted States; at a General Assembly of the State of Connecticut, holden

at New Haven, in said State, on the first Wednesday of May, A. B

1S38.

Resolved by this Assembly, That the public lands belonging to the United
States are the common property of all the States, and the proceeds of them
should be appropriated to their use and benefit, and to no other purpose
whatever, without the consent of the States respectively.

Resolved, That this General Assembly do solemnly protest against a ces¬
sion of any of the public lands to a State in which they may be situated, at
a price less than that at which they are offered in market, and also against
all pre-emption laws and the grants made under the authority of such laws.

Resolved by this Assembly, That our Senators and Representatives in
Congress be requested to use their best endeavors to have the proceeds of
the public lands divided among the States severally, as soon as it can with
propriety be done.

Resolved, That it is expedient that a portion of the public lands belong¬
ing to the United States should be appropriated to the support of education
in the original thirteen States of this Union, and that the Senators and Rep¬
resentatives in Congress from this State, be requested to procure the adop¬
tion of such a measure.

Resolved by this Assembly, That his Excellency the Governor be request¬
ed to forward a copy of these Resolutions to each of our Senators and Rep¬
resentatives in Congress, and also to each Executive of the several States,
with a request that they may be laid before the Legislatures of their States
respectively.

State of Connecticut, to-wit: i
Office of the Secretary of State, July 13//?, A. D. 1S38. \

I hereby certify that the foregoing is a true Copy of Record in this office.
In testimony whereof, I have hereunto affixed the Seal of this State, and
signed the same officially, at said Office, at the date last above.

Attest,

R. R. HINMAN, Secretary.

State of Connecticut, to-wit: )

Executive Office, Jidy 13//?., 1838. $

To his Excellency,

The Governor of Kentucky:

In accordance with the directions of the late General Assembly of Con¬
necticut, I forward to you the accompanying resolutions, and request that

I the same may be communicated to 'he Legislature of the Stale over »h,ch
1 - w EL1SW0BTI ,

STATE OF ALABAMA.

Executive Department, I

Tuscaloosa, February 5th, )

Sm-HerewithIhaveo?thTstate of Alabama, in favor of
Resolutions of the Geneial Assem t_ y of Amer i ca ; with a request

to lay the same before the Legislature of the State

over which you preside.

With very great respect,

I have the honor to be, sii,

Yo„r obed't serVt, p

His Excellency, the Govnnnoit or Kentcccy.

zirrzsjL 3 ? «* ■

America. . . ,

The General Assembly of the Static!oTthe

irT^Son to the admission of the Republic of Texas into

the Federal Union. , , • f „: v :i liberty, and a devotion to

Professing, as we ever have, friend l ip for cml liberty, a^ , ^

the holy cause of freedom, m eveiy clim > an application from Texas, for
no voice would be heard among us, oppression. Our ports have been
admission into this boasted as) ™ the^eastern hemisphere; invitations

deemed, regenerated, and disenthralled,” to tread our consecrated soil with
the firm and elastic step of conscious freedom. With these glaring facts in
view, why, it may be demanded, should we reject an overture for similar
privileges, coming from the West ? Should the circumstance, that the Tex-
ians come not as mendicants at our feet, that they can bring with them their
lands and habitations, and correct principles, change our policy ? We pre¬
sume not. It is true that these advantages should^not impel us to a course
different from what we would adopt, if they did not exist; for whateve
may be the magic influence of interest, in ordinary cases, it is admitted that
its injunctions should be powerless on the present occasion. But the cir
cumstance is alluded to for the purpose of showing, that although it should
weigh but as the dust in the balance, in determining the present question,
yet that it should have as little influence against, as in favor of the conclu¬
sion to which we arrive. And as far as it can be brought to bear upon the
question in a constitutional or political point of view, precedents are not
wanting, if justice could require or yield to precedent, which will sustain
fully the advocates of the annexation of Texas. We refer to the acquisition
of Louisiana, during the administration of Mr. Jefferson, and to the still
more recent annexation of Florida, during the administration of Mr. Mon¬
roe. The inhabitants of those countries were not admitted into the Union
at their own solicitation, but without their formal consent,—they were pur¬
chased of their royal and imperial masters with our common treasure, and
together with their soil, their religion, their language, their household goods,
were brought within the pale of our General Government. How different,
in many respects, is the case with the Republic of Texas? Upon the unani¬
mous application of her brave and chivalrous citizens, who may be said to
be “bone of our bone and flesh of our flesh,” she seeks, “without money and
without price” from us, lo obtain shelter and protection under the ample
folds of our Federal Banner. Is there, in the whole length and breadth of
our land, a friend of liberty—a lover of justice—or even a mere philanthro¬
pist—who can hesitate for one moment in the decision of this question ?

There are some, it is to be apprehended and regretted, who view this sub¬
ject alone through the dim and deceptive medium of sectional party feelings.
We cannot consent to be influenced by such sordid and circumscribed mo¬
tives. And such a view is the more to be deplored, because of its inevitable
tendency to blind the honest, to pervert the innate sympathies of their na¬
ture for the worst of purposes, and by introducing extraneous matters into
an otherwise simple question, to lead the minds of many unsuspecting per¬
sons to the contemplation of false issues. For example, many well-mean¬
ing, but misinformed females of some of our sister States, whose hearts are
thrillingly alive and enthusiastic upon another subject, on false premises, as
we know, are induced to believe that the present question is identical with
that, and that if Texas should be admitted into the Union, all their hopes in
favor of universal emancipation will become, as they really are, the mere
waking reveries of their abused or distempered imaginations. But were
considerations of expediency to become the only test on this grave and im¬
portant question, it is not perceived that such a view of the present subject
should reverse the policy we propose. Looking to the most exalted aim, in
a mere point of expediency, which can possess the bosom of an American
patriot and statesman, the preservation through all time of Constitutional
Union—the only permanent palladium of civil liberty and domestic trail-

of Texas appears every way desirable to every por-
rhe solid and everlasting foundation on which our

.' - -, to ensure domestic peace, to loim

States, and to perpetuate the blessings of liberty to
was a well regulated balance of govern-
Since the formation of the Constitution, the
‘ 1 t | ie north-west, have increased more rapidly in

- r 'if eSSs andpopulation, than the south and south-west
1 nt the man to satisfy the most superficial observer, that
He MtL* nortta-eh., ,vhid, a s regard,

*-i he hannilv corrected and counter -balanced by the annexa

would be happhyoone t0 o, that the very territory

° J0X! - pSpoTed to acquire, was once within the scope, tf a just

f our General Government, of the present

bar St^St^t^eSr^SS for a subterfuge

hicli the adversaries of annexation can hope to disguise ihe covei t

bow

principles, that such a lesu Cc ■ imself and his country, will be ready
who e ^ te " tai ^ t \owSei3i such a conflict is at all times to be regretted,
yet If” it'should be urged upon IB, contrary to the eternal princples of nght

and justice, let itemme >1 let it moment, on what foundation

But it may not be amiss to ™ n ^ t °? ^ ’ impendent by declaration,
such apprehensions lep .■ T - ■ J a£d ia fact; and as far as

but she is sovereign and p resent condition, and the quiescent

can of Mexico towards her for the last twenty months, there exists not
couise ' 1 to fear that her independence is not permanent. Is

the slightest ground to.fear, tea• nei P not treat with the Repub-

° f . the earth? “

1 i r Y i pnn« 2 nlt the mere stubbornness of Mexico in this matter . Must
We S“of h« frowaid imitation of Old Spain, in refus-
ine\o recognise the independence of her revolted colonies, least she vrsits
unon us the°vengeance which she has attempted in vain to inflict upon Tex¬
as 1 If this be a duty of neutrality, then it appears clear, that an equal obbr
nation exists to refrain from any negociation with a revolted colony until
the mother country acknowledges her independence. Such a course, how-
eveiMs contrary to the invariable custom of nations. Indeed, the previous
course of our own government, under almost precisely similar cucumstan
ces has been in accordance with the course for which we contend. Before
Spain had recognised the independence of Mexico herself, and while he
latter was far from settled in the exercise of her assumed sovereignty, a n d
gotiation for the purchase of her territory to the Rio del N » . . |

unon her through Mr. Clay, then Secretary of State, under the administra¬
tion of the younger Adams. Where then were the Constitutional objections

T(v the annexation of Texas appears every way
qm ty r nnr country. The solid and ever.

them selves^ 'and t°heirposterity,
mental and territorial power,
north-east, the nort
numerical power c. .

It needs butagl-—-

an oner-balance is pi

territory^
tion

which it is now
claim of our f
it Avas l—
opposition
under wl.
designs av 1

to the annexation of Texas ? The same policy was pursued and brought
almost to consummation, under the administration of President Jackson,
Wherefore now such extreme delicacy on the subject of our foreign rela¬
tions 1

But as it is upon the substance of this important subject, that we desire to
be distinctly understood at present; therefore,

L Be it Resolved, by the Senate and House of Representatives of the
Stale of Alabama., in General Assembly convened, That the overture on the
part of the Republic of Texas, for annexation to the United States of Ameri¬
ca, ought to be met by the Federal authorities in the most friendly manner,
and should be accepted as soon as it can be done without a violation of our
honor as a nation, or any principle of international law.

2. And be it further Resolved, That our Senators in Congress be instruct¬
ed, and our Representatives requested, to urge and sustain the foregoing
views on all proper occasions.

3. And be it further Resolved, That the Governor of this State be re¬
quested to transmit, as early as practicable, a copy of the foregoing Preamble
and Resolutions to each of our Senators and Representatives in Congress;
a copy to the Governor of each State of the Union, with a request that it
be laid before the Legislature of his State ; and a copy to the President of
the United States,

J. W. M’CLUNG,
Speaker of the Hoi of Representatives.

JESSE BEENE,
President of the Senate,

STATE OF ARKANSAS,

PREAMBLE AND RESOLUTIONS.

Whereas, Arkansas having been admitted into the Union of the States,
Upon an equal footing with all the other members of the Confederacy, it be¬
comes her imperious duty to institute such a system of law and policy, as
will secure to her a high rank among the other States, and, at the same time
insure prosperity to her citizens, and afford them an ample field for laudable
enterprize. To effect this, we hold it absolutely necessary that the State of
Arkansas should have the entire right to, and the exclusive control over, all
the lands claimed by the government of the United States, which are within
her borders. We hold it to be evident that the true interest, both of the
Federal Government and of Arkansas, is, that the lands should be ceded to
the State, upon some fair and equal footing. The influence which necessa¬
rily must arise from the disbursements and from the officers absolutely requi¬
site for the disposal of such Vast tracts of land, ought of right to be wielded
by the State—certainly, it ought not to belong to another government. The
exclusive right and possession of the public domain, would give consequence
and dignity to the State institutions: it should be hers to say what propor¬
tion of land it was necessary for the public convenience to withhold from the

th?c—n^^g-dinj th* State Goygnment^ re

incr power m all domestic concern , ^ ^ of the Slate , the strongest

erence and respect tor its acthorg^ d for an intelligent and permanent
possible inducements could be held > id ^ themse i ves with its

P class of citizens to emigrate to the ^ ^ wealth of every gov-

interests and welfare. SnJ»cW o . wlth gold, nor a boundless do-

emment. Neither a tieasu Y so dedrabtei Such a population furnish-
main of the most teitile soil, evenue and the most valuable defence

es the most certain The reason which induced the goy-

against danger of every <de scll P l1 ^ ; the system of selling its lands to
ernment of the United States to instltul ■ should also be abandoned,

the people of the States, haying “vemment!prosperous and out of debt, to
There can be no apology f^a. g population and improvement of

persist in a course calculated to retard tt J? gtate of Arka nsas, many

any portion ot the nation. c h have-been commenced by the United

works of internal improvementwhich)“ e nt which are of the first

States, during the Temtonal^prm^g^ & gtate of inC ompletion and
importance to the count j, works, or even to keep them m

ruin. The State is unable “ of pub lic lands within her borders,

repair, having no title to the vast tracts & as tQ . induce their im -

nor being able to offer the lan f .p.p would afford a sufficient revenue
mediate settlement by a popular which internal improye-

from taxation. It there is in the Union a btat ^ ^ ^ ^ declaring A r-

ment is of more importance tha border is inhabited by hordes of

kansas to be that one. Ou aQ i rrup tion upon our settlements,

savages, who may, at any ’ ] under We should therefore have every

either from revenge or a desire P d water navigation, which would

Sut to concentrate a force open our fron-

^^Resolved, therefoye, Uyt ^ar Se^rators itrCongr^^be instructed,^and onr
Representatives requested, to give thei J J f the United States, by
bill introduced at a late session J ^eJongrf o' ^ whenever

the Hon. John C. Calhoun, for ? case it shall not be

SghTu"S, a'sSi Ml. having thl satne o^c, in view, shall be

introcluced by then, duringtheslf a^Uu' matter of vital
Resolved, That we consider the passage be ed to effect it.

importance to this State, and t a ™ P h Executives of all the States of
Resolved, That the Governor ^‘^^Stions, and request them
this Union with * altd that he furnish

to lay the same befoie then respec 1 °. Congress with a copy,

each of our Senators and our Re P ies g|j AADIS o N D. R0YSTON,

Speaker of the House of Representatives.

SAM. C. ROANE,
President of the Senate.

Approved: February 24, 183S.

J. S. CON WAT. [A P p. to S. J.]

I, Robert A. Watkins, Secretary of State of the State of Arkansas A n
hereby certify the annexed and foregoing Preamble and Resolutions are n
true copy from the original, now on file in my office.

In testimony whereof, I have hereunto set my hand, and the Seal of
office, at Little Rock, this 3d day ol March, A. D. 1838, and of the Ameri¬
can Independence the sixty-second.

R. A. WATKINS, Secretary of State.

Executive Department, )
Little Rock, Arkansas, March 3 cl, 1S38. j
Sir—Herewith, on the preceding page, I have the honor to transmit to
you a joint Preamble and Resolutions of the General Assembly of the State
of Arkansas. In compliance therewith, I have to request that you will be
pleased to lay the same before the Legislature of the State over which von
preside. J

With very great respect,

I have the honor to be, Sir,

Your obedient servant,

His Excellency, J ' & °° NWAY -

The Governor of the State of Kentucky, Frankfort, Ky .

STATE OF OHIO.

Executive Office, Ohio, 1
Columbus, February 24, 1838. J

To the Governor of Kentucky:

In compliance Avith the request contained in the second Resolution here¬
with transmitted, I send you a certified copy of Resolutions passed by the
General Assembly of Ohio, protesting against the annexation of Texas to
these United States.

These resolutions passed the House of Representatives (the Avhole num¬
ber of which is seventy-two) by a vote of sixty-four in favor, and none
against them; and passed the Senate by a vote of thirty-six (the Avhole
number) for, and none against them.

I have the honor to be

Your obedient servant,

JOSEPH VANCE.

resolution

*. relation to * Annexation of Texas to ,ke Union.

.. n nf Texas to the United States having been

‘SSf-.rSSS by said coatee for • * definite
ehalf of the People of the' °t tJ Union 0 f these United

Srcretary of State’s Office,
Columbus, Ohio, February 24, IbSV. )
g Resolution to be a true copy of the ongU

GARTER B. HARLAN,

Secretary of State

STATE OF MAINE

Executive Department, )
Augusta, March 1,1S38. )

;e,” passed at the present session.^ ^ hbn(jr tQ be>

With great respect,

Your obedient servant,

EDWARD KENT.

To His Excellency, the Governor of Kentucky.

Resolved, That the same privilege should be extended to the members of
the several State Legislatures, so far as to transmit within the limits of their
respective States, documents printed by order of the Legislatures thereof.

Resolved, ihat his Excellency the Governor be requested to transmit a
copy of these resolves to the Governors of the several States, and to each of
our Senators and Representatives in Congress.

In the House of Representatives, February 22, 1S38.

Read and passed,

ELISHA H. ALLEN, Speaker.

In Senate, February 23, 1S38.

Read and passed,

N. S. LITTLEFIELD, President.

Approved February 24, 1838.

DEWARD KENT.

Secretary’s Office,
Augusta, March 1, 1838,

A true copy of the original on file,
Attest,

SAMUEL Y. BENSON,
Secretary of State

STATE OF VERMONT

Executive Department, )
Montpelier, Nov. 5, 1838. $

£> IR In compliance with a request of the Legislature, I have the honor
to enclose the accompanying resolutions, and am,

With great consideration,

Your ob’t servant,

S. H. JENISON.

lo His Excellency, the Governor of Kentucky.

rl House of Representatives, That the Franking
Resolved by the 'Governors of the several States.

Privilege ought to be extends Governor be requested to transmit a

in Congas.

Secretary of State’s Office, )
Montpelier, Nov. 5, loo/. 5
imp conies of resolutions passed by the
I certify that the foregoing ai 1837

Legislature of this State, October 30, A. L KNAPP,

Secretary of State.

STATE OF KENTUCKY.

MEMBERS OF THE CONVENTION of 1792.

NELSON COUNTY.

FAVETTECOUNTY.

Hubbard Taylor,

Thomas Lewis,

George S. Smith,

Robert Fryer,

James Crawford.

JEFFERSON COUNTY.

Richard Taylor,

John Campbell,

Alexander S. Bullitt,
Benjamin Sebastian,

Robert Brackinridge.

bourbon county.

John Edwards,

James Garrard,

James Smith,

John McKinney,
Benjamin Harrison.

William Keen,

Matthew Walton,

Cuthbert Harrison,

_Hobbs,

Andrew Hynes.

MADISON COUNTY.

Charles Cavender,
Higgerson Grubbs,

Thomas Clay,

Thomas Kennedy,

Joseph Kennedy*.

MERCER COUNTY,

Samuel Taylor,

Jacob From an
George Nicholas,

David Rice,

Samuel McDowell.

LINCOLN COUNTY.

Benjamin Logan,

John Baily,

Isaac Shelby,

Benedict Swope,

William Montgomery.

WOODFORD COUNTY

John Watkins,

Richard Young,

William Steele,

Caleb Wallace,

Robert Johnston.

MASON COUNTY.

George Lewis,

Miles W. Conway,

Thomas Waring,

Robert Rankin,

John Wilson.

REPORT

FROM

The Agent and Keeper of the Penitentiary

Hon. C. A. Wickliffe, Speaker of the Senate : .

P oS,TolSl * e 10th ° Na

Ve Themeans S of the institution, from all sources, were, at that date, as fol

l0 ^’ ^unt Gainst the Commonwealth for buildings, for cash paid prisoner
when discharged, as per law, &c- and for cas 1 P ai _ om ‘. $1S,877 1;

Accomt^ghinst TThos?^Theobajd, Keeper, - lgg I

Amount of accounts against sundry individ c , _ 4,335 s

rendered, estimated at 18 cents tor bagging, and . cents ^ ^ ^

Amoun?ot m'annfa'ctnrei articles ind riw materials on .

hand, (estimated value,) - - * _.—

, , . $88,577 4

Sum total of assets, -

The liabilities of the institution are, as per ledger, at the
rlntp aforesaid, as follows, to-wit: . r

Amount of balances due to sundry individuals f°r provis¬
ions, raw materials, &c. furnished for the use ot - ,

_ -H

the keeper to have a semi-annual settlement of the accounts of the institu¬
tion with the Commissioners of the Sinking Fund, and to pay over to them
the State’s portion of the profits. In order to comply with the provisions of
this law, the books of the institution have been for some time in the hands of
two gentlemen, selected by the Commissioners of the Sinking Fund, well
qualified for that task, for the purpose of a thorough examination of the ac- . ■
counts. These gentlemen have not, as yet, I am informed, completed their
examination, but will probably soon do so. The Commissioners of the
Sinking Fund, upon an examination of the Commonwealth’s account, and
the laws under which the charges were made, objected to the payment
of about four thousand dollars, as being unauthorized by law; the le- :
gality of which was referred to gentlemen, selected by us mutually, who ;
decided against the charge. The propriety of such objection is not appa. f
rent to the undersigned, but he feels disposed to acquiesce in the decision of '
more competent and impartial judges. The amount is therefore deducted ;
from the account of the Commonwealth. I have paid the Commissioners of '
the Sinking Fund five thousand dollars, in cash, which makes the Common¬
wealth’s account, as stated in the means of the Penitentiary. The remain¬
der of the profits, after deducting the accounts of the Commonwealth and 1
the Keeper, is on hand in the shape of notes and accounts against individu¬
als, and raw materials and manufactured articles, which cannot of course he I
divided until the money is realized for them.

The following statistics are submitted, believing they will be both interesting
and useful to the Legislature:

Number of persons in confinement, as per last report, - - - 114

Number of persons received since, up to 10th November, 183S, - 72

Total, - .186

DISCHARGED SINCE.

By expiration of sentence, 24

By executive pardon, - -.19

By death,.2

- 45

Leaving in confinement, on the 10th November, 1838, - - 141

For horse stealing,
For larceny,

For robbery,

For burglary,

For felony,

For manslaughter,

CRIMES.

Carried forward,

117

Brought forward,

For counterfeiting,
For forgery,

For bigamy, -
For robbing mail,
For stabbing,

For burning,

For swindling,

For maiming,

For kidnapping,

COUNTIES SENT FROM,

From Jefferson,

From Fayette, -
From Campbell,

From Harrison,

From Laurel, -
From Hickman,

From Livingston,

From Franklin,

From Mason,

From Fleming, -
From Nicholas,

From Greenup,

From Clay, -

From Hancock,

From Pike,

From Scott., -

From Breckinridge,

From Russell,

From twenty other counties, one

TERM OF SENTENCE.

For life,

For sixteen years.
For ten years,
For eight years,
For seven years,
For six years,
For five years,
For four years,
For three years,
For two years,
For one year,

141

[App. to S. J.]

iDSHsMi

AGES OF PRISONERS.

14
80
26

15
5
1

141

TIIEIR PLACES OF NATIVITY ARE AS FOLLOWS:

Born in Kentucky,.

Born in Virginia,.

Born in Pennsylvania, -

Born in New York, -

Born in Tennessee, -

Born in Massachusetts, -

Bom in Ohio,.

Born in South Carolina, -

Born in North Carolina, - - - -

Born in seven other States, one each,

Born in foreign countries, ...

141

EDUCATION.

There are prisoners well educated,

There are prisoners who can read and write,

- 104

There are prisoners destitute of education,

141

Of the whole number of convicts now in the prison, fifty seven ascribe
their present condition to intemperance; and a much larger number were
habitually intemperate, previous to their conviction. Of the number of con¬
victs that have been discharged by Executive pardon, it is proper to remark,
that a large portion of them were pardoned a very few days before the ex¬
piration of their sentence; the effect of which is, to restore them to the
rights of citizens. Of this number, they were generally pardoned upon the
application of the keeper, who believed, from strong indications on the part
of the prisoners, and a careful observation on his own part, that they were
qualified in morals again to enter civil society.

Although we have not been entirely exempt from sickness during the
present year; it affords me much satisfaction to say that our suffering has
been much less than last year, and I have great confidence that the beneficial
results from the exertions of the corporation of the town to improve the
health of the citizens, by ditching the flat land above and below the prison,
will be as salutary in its effects upon the health of the prisoners as upon the
citizens.

Under twenty years of age,
Between twenty and thirty,
Between thirty and forty,
Between forty and fifty,
Between fifty and sixty,
Over sixty,

1 without remarking that all concerned for the moral im-
I cannot close without len o sufferings of this wretched and un-
provement and mitiga ion are muc h indebted to the Ministers of

fortunate portion of w ho have labored with much zeal m

the Gospel, of various de Sabbath, and we have reason to hope to

the morning and ev ®“ n J. J ho have professed the religion of the Bible,

the great improvement o V ^ it wou l d give me great pleasure to have
In conclusion I won histution, its police as well as its books, thorough y
every department of the Houses o£ the General Assembly, and to

of rcornet Observation of its conduct and government.

All of which is respectfully submitted,

rmjrrvc: S r

rrvn'T'/~t'D A T T~A A rrp'ni A* ICeGVG

TREASURER’S ANNUAL REPORT

State of Kentucky, /

Treasury Office, December 8, 1838. )

SlK You will please lay before the honorable House over which you pre.

side, the inclosed report.

I have the honor to be,

Your obedient servant,

JAMES DAVIDSON, Treasurer.
Hon. C. A. Wickeiffe, Speaker of the Senate:

A Statement showing the amount of money
der their appropriate heads,)from the lib
10 th day of October, 1838, inclusive, viz:

From non-resident lands,

From Sheriffs, -
From clerks of courts,

From register of the land office, -

From lands west of Cumberland river,

From the town of Covington,

From the town of Newport,

From the city of Lexington,

From the city of Louisville,

Miscellaneous receipts,

Total amount of ordinary receipts,

Total amount received from internal improvement scrip funds,
Total amount received of the sinking fund, is

Making the total receipts, of every description, amount to
the sum of -

Amount oi ordinary receipts as stated above,

From which deduct the warrants for ordinary ex¬
penses, as in statement No. 2, - - 231,412 17

Add to this sum the -amount due to government
the 10th of October, 1S37—(See session acts of
1S37, page 63,) ------ 11,596 71

- $245,532 82

243,008 88

When deducted from the ordinary receipts, leaves a balance
in the Treasury, of this fund, the sum of $ 2,523 94

INTERNAL IMPROVEMENT SCRIP FUND.

The receipts of this fund, as above stated, amounts

t0 on, y. 467,894 88

Add to this sum the balance in the Treasury on

the 10th of October, 1837, - - . 537,5S6 24

Making the whole amount of this fund, with which the Treas¬
urer has been charged, the sum of - 1,005,481 12

The amount of warrants drawn on and paid at the Treasury

of this fund, (as per statement No. 2,) is - - . 1,145,392 37

SINKING FUND.

Amount received ofthis fund, as above stated, is 150,707 55
Amount of warrants paid on this fund, as per
statement in No. 2, - 151,342 03

Leaves a balance against the commissioners of this fund, the

No. 2.

7 • ihe amount of warrants drawn on and paid at the

A VZZ71‘^ w* ,fc n "‘ of 0 ** r ’

i 107/1 day of Octoter, 1838, ,ncl«s,«c. vn:

Criminal prosecutions, ' _

For the support of Idiots, .

“ Clerk’s services,

To Jailors, - , .

« Attornies for the Commonwealth, -

For salaries of the Executive and Judicial departure ■,
« Contingent expenses,

“ Executive offices,

$13,860 98
16,554 76
9,064 69
9,270 34
4,650 87
46,339 17
4,637 55
4,010 31

“ Military expenses, - _ 16,113 87

To Commissioners of tax, - _ 23,495 69

To Juries, - 3,582 6£

“ Grand Juries, - 2,700 0(

For slaves executed, ‘ _ . . 609 91

» Distributing the Acts and Journa s > 1J90 61

To the Deaf and Dumb Asylum, - - ^ _ _ 3.7S7 5<

For Decisions of the Court ot Appea s, ^ _ 959 9,

“ Public communications, - ‘ ‘ " 403 5

« Appropriations, December Session, lSo., - - 19 5

“ Appropriations, December Session, , _ _ 31,267 4

“ Appropriations, December Session, o , - ^ _ 34,47 s 2

« Legislature, December Session, 1837, _ 502 3

« Sheriffs comparing polls, ■ 235 £

“ Sheriffs for'revenue, - _ " _ _ _ 2,111 (

“ Trustees of the Jury Fund, - - _ 4 ]

“ Money refunded, - “ -—

Total amount of warrants paid at the Treasuiy foi oldmai} _ ]

Amounffiof * warrants paid at the Treasuiy for Internal Im- ^ ^
provement scrip funds, - ' ' the commission-

Amount of warrants paid at the Ireas . _ _ ^1,342

ioners of the Sinking Fund, - -

Total amount of warranto of every d.«**}»” 1P“ id at ^

Treasury from the 11th day of October, 1837, the

day of October, 1838, ■ -

JAMES DAVIDSON, Treasurer.

report

OF THE

auditor of public accounts,

FOR THE YEAR ENDING OCTOBER 10, 1838.

State of Kentucky, |

Auditor's Office, December 12, 183S. )

e T _ Tn obedience to a resolution which passed the Senate on this day,
? iw7 to wit “Resolved, That the Auditor of Public Accounts be, and
Sts requested to lay before the Senate his statement of the financial con-
Ation of S Commonwealth, which, by law, he is required to report to the
dition ot toe Gon d of each ann ual stated session: signed

General Assembly 1 pleased to lay before the Senate, over which

j”7‘ISTSS .* 1 ta £. ainouS. of warrants issued by the Auditor of

emulov a Sufficient number of clerks to assist in discharging the onerous and

shown to furnish additional means.

I am, respectfully,

Your most obedient servant,

BEN. SELBY, Aud. P. Ac'ts.

Hon. C. A. Wickliffe,

Lieutenant Governor and

Speaker of the Senate.

[App. to S. J.]

1 TV .1.1 nrt <3 r p n i]a Muldrow’s Sale of 2 stones, Lands east and

Dividend on 1V1 . , V Hill roadi. government pro- west of Cumber-

State stock in stock m Bank ot Hill ioa » land river.

North. Bank. Kentucky. ^ J

Dolls. Cts. Dolls. Cts. Dolls. Cts. Dolls. Cts.

Dolls. Cts.

1837.

October 11 to 31, -
November 30,
December 31,

1838.

January 31, -
February 28,

March 31, -

April 30,

May 31,

June 30,

July 31,

August 31, ■

September 30,
October 10, -

No. 1—RECEIPTS—Continued.

TEARS,

No. 1—RECEIPTS—Continued.

City of Louisville Old Bank of Bank of the Com- Tolls—Shelby Tolls, Bardstown
tax. Kentucky. monwealth of road. and Springfield

Kentucky. road.°

1837.

October 11 to 31, -
November 30,
December 31,

1838.

January 31, -
February 28,

March 31, -

April 30,

May 31,

June 30,

July 31,

August 31,

September 30,
October 10, -

208 50
3,700 00

162 01

220 37

12,750 00

■4,000 00
23,930 09

6,000 00

11,000 00

5,967 00

3,908 50

5,967 00

57,6S0 09

220 37

No. 1— RECEIPTS—Continued.

r of Coving- Money returned,
ton tax.

YEARS,

October 11 to 31
November 30,
December 31,

January 31, -
February 28,
March 31, -

April 30,

May 31,

June 30,

July 31,
August 31, -
September 30,
October 10, -

Loaned to B.I.I.
by Northern
Bank.

Loaned to B.I. I.
by Bank of Lou¬
isville.

City of Lexing¬
ton tax.

Dolls. Cts.

No. 1—RECEIPTS— Continued.

Bank of Ken¬
tucky tax.

Northern
Bank tax.

Part of the sale
State bonds for
Internal Imp.

Bank of Louis¬
ville tax.

City of New¬
port tax.

TOTAL RECEIPTS.

1837.

October 11 to 31,
November 30,
December 31,

1S38.

January 31,
February 28,
March 31, -
April 30, -

May 31,

June 30,

July 31,

August 31, -
September 30,
October 10,

For Internal Improvement,
For Sinking Fund,
Common revenue.

1,917

13,991

155,531

86,468

3,486

70 w

2,471

60 co

99,420

4,565

7,979

190,127

104,S51

200,317

11,936

No. 2—DISBURSEMENTS,

Salaries,

Petit Juries,

Clerks’ ser¬
vices.

Criminal pro¬
secutions.

October 11 to 31
November 30, -
December 31, -

January 31,
February 2S,
March 31,
April 30, -
May 31, -
June 30, -
July 31, -
August 31,
September 30,
October 10,

443 75 |

21S 52

1,195 32

2,829 62

10,155 64

1,497 90'

7,273 45

No. 2—DISBURSEMENTS—Continued.

YEARS.

Attorneys.

Expenses, con¬
tingent.

Grand Juries.

Commission¬
ers of tax.

Board of Inter¬
nal Improve¬
ments.

Sinking Fund.

Dolls. Cts.

Dolls. C s.

Dolls. Cts.

1837.

October 11 to 31,

103 57

34 50

42 00

394 00

27S.9S2 72

5,831 12

November 30, ...

552 50

180 56

269 00

915 25

28,202 59

1,942 25

December 31, -

167 50

1,882 63

1,960 08

3,886 92

17,099 3S

1838.

January 31, -

1,275 00

696 24

926 31

1,416 14

1,000 00

15,000 00

February 28, -

196 43

17 50

83 15

2,200 00

March 31,

375 00

44 00

6 50

24,866 68

April 30, -

375 00

213 62

32 00

16,659 00

5,960 72

May 31, -

75 00

76 00

1,847 50

9,125 03

June 30, -

375 00

228 73

56 50

1,476 00

10,123 00

July 31, -

525 00

224 37

16 00

2,111 50

12,512 29

August 31,

150 00

793 67

169 00

2,423 75

4,286 87

September 30, -

37 41

302 99

1,406 25

7,433 42

92,308 56

October 10, -

443 46

31 74

145 50

11,000 00

4,650 87

4,633 05

3,570 99

16,105 96

393,191 60

151,342 03

[App. to S. J.]

No. 2—DISBURSEMENTS—Continued.

YEARS

October II to 31
November 30, -
December 31, -

January 31,
February 2S,
March 31,
April 30, -
May 31, -
June 30, -
July 31 -
August 31,
September 30,
October 10,

Sheriffs’ com.
polls.

Military ex¬
penditures.

Executive of¬
fices.

Turnpike roads.

App. Decem¬
ber session,
1832.

Public com¬
munications.

Dolls. Cts.

11 00

15 00

32 53

6 S 20

214 50

44,177 00

35S 50

231 39

223 77

496 75

622 72

198 41

SI 00

201 98

7,971 00

45 00

112 11

18 00

276 45

3 50

574 12

155,562 01

IS 20

75 00

61 75

28,186 25

105 98

7 00

6S7 80

18,769 00

76 56

369 75

49.9S6 00

66 41

52,810 00

252 34

8 75

94 00

563 36

60,5S9 00

10 60

23 00

30S 72

67,073 00

67 25

26S 14

510 26

951 01

4,014 81

485,123 26

403 50

969 96

—

'■'i< iwniHteMi. fn *

. ^

' y

i^s

No.' 2—

DISBURSEMENTS—Continued.

YEARS.

Kentucky
river naviga¬
tion. .

Decisions of
Court of Ap¬
peals.

Green river
navigation.

Ken. Institu¬
tion, Deaf and
Dumb.

Lexington and
Ohio railroad.

App. Decern
her session,
1S36.

Dolls. Cts.

* ‘‘ • 1 • • j

Dolls- Cts.

Dolls, Cts.

Dolls. Cts.

October 11 to 31,

November 30, -

6,782 00

1,950 00

20,000 00

482 33

20,000 00

December 31, -

1838.

January 31, -

2,000 00

February 28, -

448 00

March 31,

25,014 00

15,000 00

April 30, -

3,100 00

10,000 00

May 31, -

10,310 00

441 00

June 30, -

5,59C 00

1,837 50

40,000 00

July 31, -

12,340 00

20,000 00

August 31,

8,985 00

419 33

September 30, -

17,519 00

40,000 00

October 10,

" 1

3,787 50 I 147,000 00 i 1,790 66 I 20,000 00

No. 2.—DISBURSEMENTS—Continued,

Slaves execu¬
ted.

Legislature,
Deer, session
1S37.

Appropriations
December ses¬
sion, 1837.

Sheriffs
for revenue
1837.

Sheriffs
for revenue,

1836.

Money refun-

1837.

October 11 to 31,
November 30, -
December 31, -

1838.

January 31,
Febi-uary 28, -
March 31,

April 30, -
May 31, -
June 30, -
July 31, -
August 31,
September 30, -
October 10,

27 18
25,S24 56
432 00
1,623 50
609 00
379 75

34,253 23

225 00

1,633 47

791 15

31,320 61

34,478 23

YEARS.

No. 2—DISBURSEMENTS—Continued.

Trustees’ jury Distributing Licking river

fund. Acts, &c. navigation, total issued.

Dolls. Cts. Dolls. Cts. Dolls. Cts.

Dolls. Cts.

October 11 to 31,
November 30,
December 31,

288,974 33
131,291 13
49,528 42 t

January 31,
February 28,
March 31, -
April 30,

May 31,

June 30,

July 31,
August 31, -
September 30,
October 10,

34 47
7S 64
363 54
748 78
537 43
262 24
S5 99

139 00
241 50
154 93
74 50

2,200 00

8,237 51

56,013 08
6S,600 91
227,999 20
75,046 32
49,621 48
119,338 53
113,028 35
89,924 18
238,242 31
20,964 27

report

Of the Trustees of Transylvania University , to the Legislature of

Kentucky.

In obedience to an Act of the Legislature of Kentucky, concerning Tran¬
sylvania University, approved I6th February, 1S38, the Board of Trustees
would respectfully report:

The number of students in the Academical department at this time is
thirty—two of whom do not pay.

The debts of tiie Institution are—-

I A note to the Northern Bank of Kentucky, - - - - $652 44

A debt due to A. O. Newton,. 200 00

Total, not including some interest due, - - - $852 44

Income.

Interest on the Morrison Fund of $20,000, - $1200 00

Auction duties, about - - - - - - - - 100 00

Rent of house, occupied lately by Professor Moore, - - - 150 00

Tuition of Students, at $40 per annum,. 1120 00

W.r

Total income,.$2,570 00

Expenses.

Insurance on Morrison College, - - - - • - - $112 50

Fuel (about). 80 00

Wages of Janitor, - -- -- -- - 100 00

Salaries of two Professors (so arranged as to equal the interest
on the Morrison fund and tuition fees, after deducting insur¬
ance, fuel, and Janitor’s wages,). 2,177 50

Incidental expenses, repairs, &c., about. 50 00

$2,520 00

Property of tiie Institution.

Morrison Fund,.$20,000 00

Nineteen acres of ground in the city of Lexington, including the

buildings of Morrison College, &c. &c., - 70,000 00

Library and Philisophical Apparatus,. 5,000 00

Frankfort Bridge stock—twenty shares estimated at - - 500 00

A balance from Morrison’s estate, but uncertain,

$95,500 00

— . .

All the debts above mentioned were created by the old Board of Trustees-
and the present Board have, since their appointment, paid the sum of $675
of those debts. The Board herewith transmits the report of its committee
appointed to act as its organ, in corresponding with the presidents of the
principal Universities, on the proper mode of organizing and managing the
Institution.

All of which', is respectfully aubmitted,

M. C. JOHNSON, Chairman, pro tem.

The committee appointed to act as the organ of the Board of Trustees, in
the execution of a part of the duties imposed upon them, by the third
section of an Act concerning Transylvania University, approved Feb¬
ruary 16th, 183S, would respectfully report:

That they have addressed letters to the Presidents of most of the princi¬
pal Colleges and Universities in the United States, from many of whom, in
due time, they received full and substantial replies, accompanied with
volumes, containing the Laws and Regulations of the Institutions over
which they preside.

The circumstances of these institutions are very different from those in
which Transylvania is placed. Some were founded at an early period of
American History, and now, sustained by the Patriots and Statesmen whom
they have educated, repose securely upon the universal confidence and ven¬
eration of the people. While others, having the enjoyment of ample means,
are thus enabled to return to the States, by which they were endowed, a
rich harvest of cultivated intellect.

Transylvania has, at times, received the fostering care of the Legislature;
and more than once, when it was contemplated to form a system of Com¬
mon Schools for Kentucky, public attention has been turned' to the State
Institution as the legitimate source from which the streams of learning and
education should flow. But as yet, no permanent endowment and organi¬
zation has been made; and the appropriations in land and money have
been small and unproductive, and were only intended for the immediate ex¬
igencies of the Institution. Such, however, has been the happy effect of
these timely supplies, that she has been able to communicate instruction to
a very large number of Law and Medical Students; and her graduates are
returning to the State, by their labors in the various avocations of life, the
rewards of a wise, though too frugal Legislation.

The Report of the Board will show the present situation of the Univer¬
sity. The Academical Department is chiefly sustained, at present, by the
legacy to the Institution received from the late Col. James Morrison. "The
department simply consists of two Professorships, to-wit: of Languages and
Mathematics. If organized as a State University, the propriety of adding
four additional Professorships cannot be questioned, viz: A Professorship
of Moral and Mental Philosophy, over which the President should preside
in person: a professorship of Chemistry, including Mineralogy, besides a
course of instruction by Lecture aud otherwise, in the science'of Agricul¬
ture and Mining: a professorship of Civil Engineering, to include, besides

and Shades, Shad-

- iiiv> "_1_ Architecture,

and a professorship of Natural Philosophy.

• - 1 — itli competent men, would

five thousand dollars; and with
ith pei'fect suc-
1 unalienable
g the endowment
a regular and certain
/ice of the University,
y J -:ytlrn of $15,000 00 for building a
The better' regulation and discipline of the whole
ring education accessible by mak-
romoted by the erection of these
of their establishment. The rent

dormant capital

the usual branches, Right Line Drawing

tmd f *“£ w

that'surnAt 6 isfbelieved'th^ Institution could'be conducted w
cess If made, it should be in the form of a permanent and
S which would answer the double purpose of secunn
from' misapplication and loss, and oi attracting, y
income, the best talents of the country into the sen
They would also suggest dm appropriation < „

refectory and dormitories,

University, and the great object ot renaen.

ing it cheap, all of which will be greatly pr
edifices, will at once prove the necessity
of rooms will yield a fair income from the investment.

These appropriations will call into activity the now' £. ,

which the State has in the Institution. And as a compensation tor whi .
the Trustees might be required to educate a number of poor young mem
selectedfsay,mie from each Senatorial District, by the Senator and Repre¬
sentatives of each District, or in such manner as the Legislatuie should pie
scribe, who, in turn, might be required to teach a specified term ol years iv

the Common Schools ot the District. ,, •

The committee, from as careful a consideration as they could g
subject, and from comparison with other Universities similarly situated
have come to the conclusion that the ultimate control and government o
STvSS** shook, bo vested io a large Board otTros oe, The eom

report

ERNAL IMPROVEMENT

OF TIIE

STATE OF KENTUCKY

Office of the Board of Eternal Improvement,

Frankfort, \2>th December, 1S38. )

Charles A. Wickliffe,

Speaker of the Senate:

■e the honor to transmit through you, to the House of Rep:
e annual Report of the Board of Internal Improvement, w.

iy ing documents. respect, &c„

JAS. T. MOREHEAD,

General Assembly of the Commonwealth of Kentucky.

Board of Internal Improvement respectfully subm.ts to the Legisla-
of their operations during the past year:

,f those operations, the Board would call
lancial concerns since the last annual re-
the amount of money under the control
k„ 81= hz. on the 15th February last, about the period
of the last General Assembly, the provision made by
ovement, was so nearly exhausted as to amount to the
in the spring, an agent was dispatched by hiS Ex
_ the Eastern cities, to put the Scrip of the State
authorized to be sold by the act of the last Legisla-
markets of the East were affected by
of the United States, and well found-

:XrSd that "trie effort to dispose of the State^ecuriUes

d„e m

ture, the following report

Before proceeding to tl
the legislative attention to their In
port. °At the time of th^repot'C
of the Board, was $1
of the adjournment
law for Internal Impr
sum of $23,6SS. Early
cellency, the Governor, to
into market, which was
ture. It was known that the money i
the pressure that pervaded every part

ed tears were - b

would be abortive. It is
entrusted, and on whom, at a crisis

I I

K A

i lilt'

I 11

I Hi

sibility devolved, of sustaining the wliole policy of the State in respect (e
Internal Improvement, to say, that the trust was, in every respect, fulfilled,
and the sale of the bonds made, which, while the terms were highly credit
able to himself, was of the utmost moment to the public interests.

About the last of April or first of May, when the present President of the
Board came into office, the amount of funds under the control of the Board
having been reduced to a sum so small as to be unavailable for any beneficial
purpose, he proceeded forthwith to Lexington and Louisville, with the ap¬
probation of the Governor, whom the law had appointed as his adviser, to
negotiate with the Banks for temporary loans, and with their characteristic
liberality, they advanced to the Commonwealth the aggregate sum of $200,-
000—the Bank of Kentucky, the sum of $125,000; the Bank of Louisville,
$25,000; and the Northern Bank, $50,000. With the facilities thus afford
ed, the Board was enabled to prosecute the public works, without any ma
terial disparagement to the public interests: except that attributable to
the causes first enumerated, and that fears being entertained that the
negotiation for the sale of the bonds might not be as successful as the
result proved it to have been, the Board refrained from urging the contrac¬
tors to such an increase of their force at the various works on the rivers, as
would have conduced, if that expedient had been resorted to, to a greater
progress during the season. Superadded to these causes, the frequent fresh¬
ets during the spring season, and the consequent continuance of high water
until the approach of mid-summer, checked the vigorous prosecution of the
works up to that period. The sale of the Scrip, however, infused fresh
spirit and energy into the whole system of operations throughout the State,
and a more propitious season ensuing, which has continued, with slight in
terruptions, to the present time, the w r orks have been prosecuted with com
mendable diligence, and such progress has been made on the larger portion
of them, as to leave no reasonable doubt, if the next season shall prove or
dinarily favorable, and a suitable force is employed by the several contrac
tors, that all the locks and dams on the Green, Barren and Kentucky rivers
except number one on Green, and number one on the Kentucky river, will be
finished for use before the expiration of another year. The last mentioned
locks and dams, being located near the conlluence of those rivers, respect¬
ively with the Ohio, are liable to be retarded by the freshets from above, as
well as by the inundations of the latter river, and may be expected to ad¬
vance with less rapidity than the others. The delay in their completion,
however, is the less to be regretted, inasmuch as for the greater portion of
the year, in consequence of the depth of water where they are situated, the
navigation will not be subjected to the impediments which occur on the riv
ers above them.

The aggregate sum expended on the several works on the Kentucky rivei
from the 20th of November, 1837, to the end of the fiscal year, on the 10th
October, 1S3S, was $108,103 92. When the locks and dams now in progress
on the Kentucky, Licking, Green and Barren rivers are completed, there
will be, opened for steam vessels, a navigation of three hundred and twenty
one miles. The accompanying report of the Chief Engineer, contains a
full and satisfactory detail of the work done at. the several locks and dams
under contract on those rivers respectively, and the expenditures on each

The operations on the Licking river have been delayed by the occurrence
of interruptions entirely beyond the power of the Board to "control. In Oc

f ,, 0 lnat V ear, five locks and dams were put under contract on that
toher, oi ll> ® 1 “ * k wa s to be commenced in the ensuing January. Calcu-
river, and th t |ie t i me 0 f the lettings, that from the quarries adja-

lations ware ma , t j sufficient stone could be obtained for build-

cent tothetlnecuppeM^^^ , ^ ^ twQ lower locks, made provision
ing the locks ' iu the s ta te of Ohio; quarries were accordingly opened
for proci rnng s 1 nd t he necessary arrangements were made

near Portsmouth, in tnat a careful and thorough ex-

Ihe neighborhood of the look Om, the con-
animation ol tll ^ a four an d five, failed to obtain stone of a size and
tractors forot ihe lock walls. The consequence
quality suitab t num ber four, abandoned his contract, and the

was, that the d , the 'specifications having been so modified

“" vo " i “ ily bc prorared in lhe

vicinity of the three upper locks wh i ch occurred in August,

The death of the contractor for nuJ ay sho uld ensue from that
terminated his engagement. A . Board forthwith directed the

eZ, which ,° feed

SfSSW w^afond W S d.h S no confer

Eonc'on proposed, nnd’arc under adveruse-

111 The works at number one and

low water oi the Ohio rivet: 1 ^ ^ the locks,but Ihere lias been no want
ed from the transportation of stone ! ^ and those works are in a

of energy and zeal on the part ol 0 f work done upon the Lick-

favorable state o iovavtrrdnesst. l i e “^TToitobor, 1S3S. if *11,236 89.

**• «- *• 3 ° lh the Board determined to visit, in person, the

In the early part of August, me d • at Bovdinggreen on the

works on Green river, ant apr “■ ^ was held accordingly, and much

20 th day oi that month. 1 ie ™“ ecl f d with the improvements in the
important business tiansact , Rnwlimmreen, they proceeded by land

Southern part of the State. FGreen and Barren rivers,
to visit the public works alon t Vienna They were thus enabled to

sites

and three, on

Gmai'l-Aei-Tia^ Sm^

now r , on that river, eight} foui i Board appointed a lock lceepei,

steam navigation. While at Ronrsey,*.,BjMapp ^ opinio „, to the
and established a tempoian 1 at ’

existing exigencies ot the naviga ion- . G en r iyer commissioners,

The report of the PreSifleffi of the Boaic^jn the operations

js herewith transmitted: exhibitin D j • t j ie course of the ensuing

on that river and Barren, during the year, in me

season, it is confidently believed that all the works to complete that line of
navigation, will be finished—with the exception of the lower lock, which,
in the opinion of the President of that Board, may possibly be finished also.
The amount paid during the year on those rivers, is $16S,G80 25: and the
total amount to the 10th October last, $411,S74 15. Average cost of the
improvement per mile now completed—a distance of eighty four miles
$1,787.

By the ninth section of the act of 183S, for the Internal Improvement of
the State, it was made the duty of the Board, “to put under contract, du¬
ring the present year, the necessary works for the improvement of the navi¬
gation of the Cumberland river, from the point designated by the Engineer
who last surveyed the river to the Tennessee line, and to cause to be ex¬
pended the money heretofore appropriated for the improvement of the
same, or so much thereof as will be sufficient to remove the obstructions to
a safe and convenient descending navigation.”

At their meeting in May last, the Board undertook to carry the requisi¬
tions of the act into effect. The first step which was taken, was to solicit pro¬
posals for the construction of wing dams and other necessary work at Smith’s
Shoals, that being the mode of improvement recommended by the Engineer
who made the survey mentioned in the act, and to which, it was presumed
by the Board, the Legislature intended the appropriation to be applied.—
Proposals were received—but the bids were so high, and exceeded so far the
value of the work to be done, that the Board declined accepting them; and
by a subsequent order, an assistant Engineer was dispatched on that ser¬
vice, with directions to commence the work as soon as practicable, and it
was placed under his superintendence. The improvements consist of the
removal of loose rocks, and such others as projected above the ordinary bed
of the river in the boat channel, and the construction of two wing dams of
timber and stone, about eighteen feet wide on the bottom, with an° average
height of about five feet four inches—one of them, five hundred and forty
seven, and the other, five hundred and eighty seven feet long. The natural
channel of the river, being about seven hundred feet wide, has been reduced
to the width of about three hundred feet. The cost of the work done,
up to December 1st, amounts to $3,199 69, including all expenses except
superintendence.

The approach of the winter, and an apprehension that if the works yet
to be done were left unfinished until the spring, they might be endangered
by the floods, induced the Board to suspend any further "operations for the
season.

But regarding the valuable resources of the Cumberland river, and the
great importance of its navigation to the people whose access to market
depends upon it, the solicitudes ot the Board will prompt them to apply the
means provided for that purpose, with all practicable dispatch to the com¬
pletion of the improvement from the mouth oi Laurel to the Tennessee line,
and it is the opinion oi the Chief Engineer that it can be done in another
year.

A difference of opinion exists, as the Board are informed, as to the amount
of money authorized by the law to be expended toward effectuating the im¬
provements just spoken of; and inasmuch as the cost of the work vet neces¬
sary to be done is estimated at $20,000, the Board recommend to the Le¬
gislature the propriety of a declaratory law, by which any misconstruction

|iwy be obvl „ed, and the intention of the act of the last session clearly

expressed. R i , vas called, during the summer, to the im-

rhe t cending navigation of Gooseneck and the South fork

provement of the descen T g al ° e of the resources in the region ot conn-
of the Kentoc y "Suced the Legislature, a. its last session,

try embraced y f $G0 00 to improve their navigation, i he policy,

to appropuate the * Q the Cum berland, of inviting bids for the work,

pursued m the f i »t with a like result, that the prices offered were

was , ag i U1 and the bids’ were declined. The Board then appointed two gen-
too high, an „ nf i respectability as commissioners or superintend-

tlemen of success of the improvements with au-

ents, andpe- ' X necessary force to accomplish the objects ol the law.
thority to empl y dat / 0 f the report of the superintendents, amount-

Thesum<* fi9f and bc^ts are now enabled to descend in greater safety
ed to $2,1 ’ Much benefit is anticipated from the expenditures ot

and at a lowei tid . , t> j are 0 f opinion, that it is due to

‘I’ 6 ^£ST<S!5Sw*rtm» to be affected by the ameliorations, that

On the occas.odot tl, vrs.t oMhe Board m ^ by f„ r

took measures to cany ^ ’ navi „ ation of Rough creek, Pond river

flafboafsIandTfis omrk'onothe'twoformeriand^he

were made, in the u ® ual . d e 0 f a gentleman of experience

SdoSrSinwhLe judgment and efficiency great confidence is re-

Chief Engineer. . , . t t ] ie Board would re-

Before passing on to another„ a law providing that the acts of each
spectfullv suggest the propuety ol a law, piovic ° , d d published

session for Infernal Improvement par™* ^fnay tain occur, in which
under one head. Instances have ocean ed, and because they were

the provisions of speciffi lawsffiavwpasse^ime^^ ^ a ^ viate the respon-

not observed by the Boaid. ine p , t j me insure attention

sibility of the members of the Board, and at the jamettme without any

to the diversified and important interests enti usted to
hazard of being overlooked.

Mo Bo«». No e S.' ctndS

to turnpike roads, except those here t j ie j ast y ea r, depended,

on which subscriptions made by the , o urn pi ke roads have

were removed in the spring, and the payments to ™rnp thQ

been confined to those which, at the time of the last annual iq
Board, were in the progress of construction.

It would be gratifying to the Board, to be able to report, specifically, th*
whole length, in miles, of road completed, and under contract in the State,
The report of the Chief Engineer will show that fact as nearly as his means
of information allow. Yet, for want of reports from the several turnpike
companies in the State, exactness cannot be obtained. It is made the duty
of those companies to report to the Board of Internal Improvement, from
time to time, such information in relation to their respective roads as the
Board may require: and although the Board prepared and directed circulars
to the Presidents of the several companies, asking information on points
connected with their condition and progress, the information has not been
obtained to the extent desired, and some of them have failed to answer.

The whole amount paid to turnpike companies on the part of the Com¬
monwealth, from the 20th November, 1837, to the 10th October, 1838, both
days inclusive, is $422,237 48. In this sum, is included payments to those
roads which are constructing solely at the charge of the State, without the
airl of individual capital.

The whole amount paid to other objects, including the rivers, the Lexing.
ton and Ohio Railroad, Hydraulic lime, and payments on all other accounts
is $430,284 42.

The aggregate disbursements by the Board from the 20th November, 1S37,
to the 10th October, 1S3S, amounted to $852,521 90; for the details of
which, reference is made to the statement A, accompanying this report.

The aggregate amount authorized to be expended by the law of the last
session for Internal Improvement, is $1,250,000.

By the fifteenth section of the same act, it was made the duty of the
Board to cause an estimate to be made of the surplus water “at each lock and
dam now under contract on Green, Barren, Kentucky and Licking rivers
and to make out an estimate of the annual rent for which it should be let, bv
the Commonwealth, when the locks and dams are finished,and report the same
to the Legislature.” The estimate will be made and reported, as the law
requires, as soon as the Board receives some information from other States
which they have directed to be obtained.

In the mean time, the Board deem it proper to observe that, to that sub¬
ject, regarding it as one of the utmost importance in view of the profits of
the projected improvement of the rivers, their attention has been directed
in an especial manner. The immense value of the water power with which
the State will be furnished on the completion of the public works on the
principal rivers, not only as a source of perpetual, annual revenue, but
as a means, also, of enlarging her capacity for manufactures, and cre¬
ating demands for all kinds of raw material adapted to manufacturing pur¬
poses, cannot, in the opinion of the Board, be too highly estimated. Few
States in the American Union will then exceed Kentucky in the extent of
that capacity; none, it is believed, in the efficacious application of it to all
the purposes of wealth and greatness. The locks and dams, when finished
to the extent of the surveys which have been made on the large rivers of
the State, will probably amount to the number of fifty five. " When we
consider the advancement which the country is now making in wealth and
population—the boundless developments which will take place, of all those
resources which constitute the strength and wealth of a Commonwealth,
some estimate may be made of the immense value of tiie mechanical power
which will be created by the improvements in progress and in prospect.

with those of the Ohio river, the Board will suppose that the Kentucky

river will supply—

Louisville, with tons of coal,. 40,000

Lexington, ... -. 10,000

Frankfort,. 4,000

Other counties and towns on the river, .... 15,000

A depot at the confluence of the Kentucky with the Ohio,

for the supply of steamboats, ascending and descending, - 10,000

Madison, Indiana,. 5,000

Tolls, at the rate of one dollar per ton, for the average dis¬
tance, equal to about four mills per ton per mile, will pro¬
duce on the quantity of coal sold, as above, ...
Ascending freight, average for the whole distance, 10,000

tons, at $2 per ton,.

Descending freight, average for the whole distance, 20,000

tons, at $1,. -

Probable amount from all other sources of transportation, -

$84,000 00

20,000 00

30,000 00

The cost of the Kentucky river navigation, when completed, 2,300,000 00

The preceding estimates may not be exact. Some will, without doubt,
prove to be erroneous, and all of them may seem to be extravagant. But,
according to the experience of other States, the above aggregate result will
most probably fall short of what will be realized. Indeed the strong proba¬
bility is, that in the course of several, say from ten to fifteen years, the
profits of the navigation will tend rapidly to duplication; and in support of
that probability, the Board exhibit the ensuing tabular statements which
explain themselves.

84,000

If to this be added the probable amount to be derived from
waterpower on the Kentucky—seventeen locks and dams,
averaging forty powers at each, and supposing one half to
be used at a yearly rent (each) of $125—the result will be,
340 powers, at seventeen locks, equal, per annum, to

$154,000 00

42,500 00

Total profits,

- $196,500 00

Interest on that sum, at six per cent, per annum,

- 13S.000 00

Excess of profits over annual interest,

Deduct for toll-keepers, and all other expenses, annually,

58.500 00

20.500 00

This sum, with its annual interest, if carried to the Sinking
fund, and well managed, will, in 30 years, produce the

sum of,

$3,043,740 00

38,000 00

Remaining,

Abstract

Steamboats

YEAK,

Statement of Tolls collected upon the State Canals of New York, Pennsyl¬
vania, Ohio, and upon the Schuylkill Navigation in Pennsylvania, from

ISIS to 1S37. _

of the Boats that have passed, and Tolls received on the Loaisville

Dolls. Cts

No.

12,750 77
25,756 12
60,736 92
6l,S4S 17
SO,165 24
88,343 23
145,424 69

76,323

70,109

169,SS5

162,000

200,413

182,220

242,374

New York. Pennsylvania. Ohio. Schuylkill Nav.

ISIS, -

1519, -

1520, -

1821, -
1822, -
1823, -

1524, -

1525, -

1526, -

1827, -

1828, -

1829, -

1S30, -

1831, -

1832, -

1833, -

1834, -

1S35, -

1836, .

1837, -

; 27,012
3S,24l
56,909
151,419
309,7S9
6S4,357
837,805
975,350

$ 233
1,203
S03
1,792
1,054
1,964
635
15,775
43,108
5S.149
87,171
120,039
14S.165
134,005
264,829
325,4S6
299,841
433,643
522,633
604,1S9

The quantity of Anthracite Coal mined in Pennsylvania, and carried to
market, in each year, from 1S20 to 1S37, is as follows:

Lehigh Coal Schuylkill Coal Lackawana Coal Total amount
carried to carried to mar- carried to mar- carried to
market. ket. ket. market.

Length and cost of several improvements in other States, and amount of tolls
received in each in 1S37 : taken from official documents.

DESIGNATION.

Length.

Total cost.

Miles.

Dollars.

New York canals,
Pennsylvania State ca¬
nals and railroads, -
Ohio canals, - - -

Lehigh Navigation, -
Schuylkill Navigation,

655

709*

406

4 6f
108

11,962,711

1S,S30,625

5,356,150

1,546,095

3,1S7,3S3

Dollars. Dollars.

IS,264

26,541

13.192

33,071

29,513

The B oard solicit the indulgence of the Legislature, while they subjoin a

few general obs ^ at ^ s : t ke is that when the great improvements

The brst ^M^l^strfcamT^vhich the pi’edecessors of your honorable body
of our navigable stream comprehensive, shall be completed,

originated e Sn andTo the extent contemplated, Kentucky will have
according 1 _ w ^j oh kas no parallel in the policy or the achie\ ements

accomplished a _ more than seven hundred miles of artificial navigation

of an'y'Other fete expenditure of less than one hall the cost of

for large steam vessels, F ' United States, or as tar as the

*» siic "™'" 1,c " 11,6worts t

B °f d oontS shall be completed, have created such a navigation, a dis-
under f ^ uadred an d thirty four miles, at a less average cost per mile
tance ot tine of'her system of turnpike roads, as the follow-

EW-i& the Board! satis.ictorily shows.

* vnrrp cost ner mile of turnpike roads, as ascertained from

reports received into tile office ot the Board of Interna^ ^ ^

sSoe'coTt'per mile of slackwater navigation, on Green and
Sn rivers, and on .1,0 K.n.ncky and Ltcktng,« per 00

contracts—334 miles, - - ___

$154 00

Difference in favor of the latter,

This uolicv and the incalculable advantages it secures over any other

t-nmvn Plan of improvement, could not well have escaped the attention of
die States around Es: a policy the most economical— the most permanent

^ m i extensively and generally useful to the mass of the community—

ion’ Ohio is doino- the same thing on the Muskingum, and Indiana on the
Wabash These are high testimonials of the wisdom ot the po icy w u
SeSslature of Kentucky was the first to adopt; and the Board are grat¬
ified ttfbelieve, that your honorable body will concur with them in the ex-
me s oi o t e l ope! that the policy will be persevering pursued until it
P h!lThP vinrl cated in the judgments’ of all, from all doubts and misgivings,
^tS^onts^ictSl results upon the welfare and prosperity of

th ^n=1tt impossible, to form any adequate calculation of the
value 1 of the sySte m °oVar in advance of its consummation
reoresent it ' We are first to reflect that we are making woiks which, are
destined to outlive the present generation—to endure as lo ng as tbe w J te ff S
of the rivers they adorn shall continue to flow. We .are ada.pl tber £
not alone to the present improved and improving condition of the Common
wealth. We are not constructing them, solely with the view of pr
ting the welfare of seven hundred thousand people, w 10 no , j

population of Kentucky. They are intended to be transmitted to those who

shall succeed us, along with our political institutions, as part and parcel of'
the inheritance we have received from our a ncestors. When we consider,
therefore, that, at the end of fifty years the present population of Ken¬
tucky will probably be double what it now is; what changes are to take
place in the social and commercial relations of the community—what in-
creased demands, the duplication of our numbers and the consequent en¬
largement of the capital, the resources, and the commerce of the State, will
assuredly create, for the means of convenient and comfortable subsistence,
and the facilities of obtaining them as cheaply as possible, we may form
some adequate conception of the value of the connexion which is proposed
to be made of the various parts of the State with each other. Nothing is
more certain, than that with the advancement of our population, the labor
and industry of the country will increase, its trade and commerce expand—
and all the capacities of the soil be unfolded.

The population of the States bordering on the Ohio and Mississippi rivers,
may be estimated in round numbers at 2,000,000. In less than fifty years, it
will, perhaps, have doubled. When that period arrives, it is too evident to
require argument to prove it, that the State which shall most abound in the
materials by which the comforts and wants of mankind are supplied, and
shall have most enlarged its means of access to domestic and distant mark¬
ets, will, beyond all others, take the lead to wealth and importance.

What will, then, be the condition of Kentucky, if she pursues the policy
so auspiciously commenced?

We shall have three great navigable thoroughfares, furnishing daily in¬
tercourse with our markets and those of other States, and making those
States our tributaries. These will be the arteries of the system. Communi¬
cating with them, at every necessary point, turnpike roads, will spread from
the centre to the extremities, forming lines of commercial and social inter¬
course with every part, and diffusing a wholesome circulation throughout
the Commonwealth.

If it be asked, what resources there will be to sustain the healthy action
of the system, thus matured and perfected, the answer is, they are not
only abundant but inexhaustible. But after so much has been, of late, com¬
municated to the Legislature and the country, on that subject, the Board
will not attempt to enlarge upon the extent of those resources.

They beg leave, in conclusion, to recommend to the Legislature, that the
improvements commenced on all the rivers, be completed as soon as practi¬
cable, and that the means be provided for that purpose.

JAS. T. MOREIIEAD, President.
SAMUEL DAVEISS,

MANLIUS V. THOMSON,

JAS. R. SKILES.

■f

t-
l-
11
■»

; y

ii-

Q-

:’d

ti*

Statement A.

,nancy by the Board of Internal Improvement,
1837, to the 10//t of October, 1S38, including

Richmond and Lexington Road, -
Bardstown and Springfield road, - -

Kentucky river navigation—Lock No. Z,
Board of' Internal Improvement ot Mer¬
cer county, - -

Green river Commissioners,

Kentucky river navigation, S. H. Moon—

salary, - - . : / , ' , "

Kentucky river navigation, Lock iNo. i,
do. do. Lock No. 3,

M. R. Stealey, salary to 31st instant,
Owingsville and Big Sandy road, -
Ivy. rTver. navigation, Lock No. 5, -

"VV. R Griffith, Commissioner of Daviess
county, in pursuance of Act of Assem-

Jos. Allen, Commissioner of Breckinridge
county, in pursuance of Act of Assem-
Vtlv

Bridge across Richland creek, Hopkins
mm tv. in nursuance of Act of Assem-

December

'""Hi

Amount brought forward, -

To James R. Sidles, salary as member to date,
Ky. river navigation, M. Skelton—salary,
Ky. river do. freight on lime,

Louisville and Elizabethtown road, Jef¬
ferson county, -

Ivy. river navigation, Lock No. 4, -
do. do. Lock No. 5,

Versailles and Anderson county road,

Ky. river navigation, S. II. Moon, salary,
Austin P. Cox, salary to date, fourth qr.,
Sylvester Welch, do. do.

N. B. Buford, do. do.

Antes Snyder, do. do.

David Mitchell, jr., salary to date—third
and fourth quarter, -
Charles F. Taylor, salary to date—fourth

quarter,.

Ky. river navigation, freight on lime,

Muldrow’s Iliil,.

Board of Internal Improvement of Scott
county, ------

Ivy. river navigation, Lock No. 3,
do. do. Lock No. 3, -

G. R. Eichbaum, salary to 31st ult., fourth
quarter, -------

Board Internal Improvement of Lincoln
county, ------

Mount Sterling and Maysville road,

Ky. river navigation, Lock No. 1,
Frankfort, Lexington & Versailles road,
Danville, Lancaster and Nicholasville

road, .

Winchester and Lexington road, -
Ky. river navigation, Lock No. 4,

John Green, salary as member,
IJardstown and Springfield road, -
Bardstown and Green river road,
Lexington and Ohio Railroad,

Board of Internal Improvement of Scott

county, .

Ky. river navigation, Lock No. 5, -
Ky. river navigation, Lock No. 1, -
Ky. river navigation, M. Skelton, salary,
Ky. river navigation, Lock No. 5,
Hydraulic lime establishment,

Bardstown and Green river road,

1837.

December 21

1S38.

January 1

Amount carried forward

164,697 19

183S.

[anuary

24, To

25,

26,

27,

31,

February 1>

1 >

6 ,

8 ,

12 ,

13,

14,

16,

17,

20 ,

28,

March 2,
3,
3,
3,
3,
3,

Amount brought forward,

J. M. Bullock, expenses of trip to Louis¬
ville, to negotiate loan with Banks,

Kv river navigation, Lock No. 1,

Ky. river navigation, G. Stealey, salary,
Kv. river navigation, freight on lime, -
Expenses of examination lor hydraulic

Ivy. river navigation, bal. line of levels,
j Sterrett, commissioner of Hancock,
county, in pursuance of Act of Assem-

W. Rankin, commissioner of Henderson
county, in pursuance of Act of Assern-

Ky.’'river navigation, Lock No. 2. -
Ivy. river navigation, Lock No. ■>,

Covington and Georgetown road,
Owingsville and Big Sandy road,

Ky. river navigation, Lock No. j,
do Lock No. 4, -
do. S. H. Moon, salary,

do. Lock No. 1,

do. Lock No. 4,

do. Lock No. 5,

Lexington and Ohio Railroad. -
Danville, Lancaster & Nicholasville road,
Bardstown and Springfield road, -
Hydraulic lime establishment,

Versailles and Anderson road,

Green river commissioners,

Muldrow’s Hill, - - * ;

Maysville road—for benefit of sinking
fund corn’rs—(see note, end of Report,)
Louisville and Elizabethtown road—Har¬
din county, - - ‘ „ "

Board of Internal Improvement ol Scott

county, - - _- ‘

Ky. river navigation, freight on lime,

II. J. Eastin, fourth quarter, salary to 31st

December, - - - "

Kv river navigation, McLaughlin, salary,
do. do. Lock No. 2,

do. do. Lock No. 3,

Land, and expenses of condemning,

S. H. Moon, salary, - - -

A. Woods, salary as member to date,

J. R. Skiles, salary as member to date, -

Amount carried forward,

do.

105 00
650 00
131 00
1,000 00

364 18
49 50

1,000 00

1,000 00
900 00
500 00
2,000 00
16,500 00
S00 00
640 00
60 00
300 00
1,391 00
231 00
10,000 00
9,773 00
4,100 00
3,000 00
1,440 00
15,000 00
200 00

634 48

3,000 00

500 00
1,342 38

4< 0 00
120 00
700 00
700 00
230 00
60 00
97 75
139 00

243,755 4S

y ■

- ■ --*>«§■

1833.

March

Amount brought forward, - - - 243,755 4$

8, To Ivy. river navigation, Lock No. 5, - 1,000 00

8, Ivy. river navigation, Lock No. 4, - 900 00

13, J. M. Bullock, to expenses Eastward to

sell bonds,.GOO 00

13, Versailles and Anderson county road, - 905 00

22, Hydraulic lime establishment, - - 3,000 00

29, Board of Internal Improvement of Frank¬

lin county, Georgetown road, - - 220 00

1, C. F. Taylor, first quarter, salary, - 200 00

1, J. S. Evans, services as draughtsman, &c. 424 00

1, Austin P. Cox, first quarter, salary, - 250 00

3, Green river commissioners, - - 10,000 00

3, S. Welch, first quarter, salary, - - 1,000 00

3, N. B. Buford, first quarter, salary, - 625 00

3, W. B. Foster, jr., 4th and 1st qr., salary, 1,250 00

3, Antes Snyder, first quarter, salary, - 625 00

3, H. J. Eastin, first quarter, salary, - 400 00

3, G. 11. Eichbaum, first quarter, salary, - 325 00

3, David Mitchell, jr., first quarter, salary, - 300 00

3, Winchester and Lexington road, - - 2,645 00

3, do. (see act of Assembly,) 3,000 00

3, Ivy. river navigation, Lock No. 3, - 900 00

3, Ivy.'river navigation, Lock No. 1, - - 190 00

3, Ky. river navigation, Lock No. 5, - 1,350 00

3, Ivy. river navigation, Lock No. 2, - - S50 00

3, Mt. Sterling and Maysville road, - - 2,849 00

4, Board of Internal Improvement of Lin¬

coln county,. 1,220 00

4, Ky. river navigation, Lock No. 4, - 1,100 00

4, Ky. river navigation, M. Skelton, salary, ISO 00

5, Winchester and Lexington road—(see

act of Assembly,) .... 3,000 00

6, Lexington, Harrodsburg and Perryville

road,. 2,562 00

6, Chilton Allan, expenses, - - - 190 00

10, Ky. river navigation, freight on lime, - 1,600 00

12, Bardstown and Green river road, - 4,000 00

14, Hydraulic lime establishment, - - 5,000 00

14, Winchester and Lexington road—(see

act of Assembly,) .... 6,000 00

17, Green river commissioners, J. G. Pitts,

award of referees, .... 362 25

21, Board of Internal Improvement of Mer¬
cer county,.1,51S 00

27, Covington and Georgetown road, - - 1,000 00

30, Ky. river navigation, Lock No. 3, - 1,000 00

30, Ky. river navigation, Lock No. 1, - 1,000 00

Amount carried forward, - - . 307,295 73

Amount brought forward,

- §307,295 73

30 To Ky. river navigation, Lock No. 2,

1 Licking river navigation, expenses ofsui-

vey, - - - " '

I, Mt. Sterling and Virginia line road, ex¬

penses of survey, . - • -

1 Ky. river navigation, Lock No. 4, -

l’ Ky. river navigation, S. H. Moon, salary,

l’ M. It. Stealey, one quarter, salary,

2 ' Ky. river navigation, Lock No. 5, *

5, Muldrow’s Hill, - ' " T ’ ,'

7, Ky. river navigation, fh. McLaughlin,

salary, " ’ '

10, Richmond and Lexington road, -

11, Green river Commissioners, referees in

case of Pitts, - - ' ‘

11, Ky. river navigation, freight on lime, -

ll’ Ky. river navigation, Lock No. 1 (see

act,) - - - ■

II, Hydraulic lime establishment,

11 * Hydraulic lime manufactured at Taras-
cons’ mills, - - ‘ *

11, Owingsville and Big Sandy road,

12, Bardstown and Green river road,

12 ', Bardstown and Springfield road,

14, Muldrow Hill, - * ' '

15, P. Swigert, for purchasing land on Ky.,

16, Versailles and Anderson road,

21, Lawrenceburg and Hardinsville road,

26,' Mt. Sterling and Maysville road, -

26 Danville, Lancaster and Nicholasville, -

26, Lexington; Harrodsburg and Peri y v i de,
26’, Green river commissioners, -

26, Ky. river navigation, Lock No. 1,

26, do. do. do. No; 3, -

26, do. do. do. No. -

31, do. do. do. No. 4,-

31 do. do. do. No. o, -

3 l’ Ky. river navigation, Geo.Stealey,salai v,
l’ Ky. river navigation, S. H. Moon, salary,
2 ’ Ky. river navigation, freight on lime,

10’ Versailles and Anderson road, •• -

11, Lexington, Harrodsburg and Perryville

road, - - " “

11, Bardstown and Green river road, -

12, Louisville and Elizabethtown road, Har¬

din COU n ty,

12, Hydraulic lime establishment,

1,000 00

173 75

38 00
2,350 00
120 00
750 00
1,960 00
200 00

120 00

1.500 00

150 00
930 00

3,000 00
3,000 00

342 78
10,000 00
1,954 00
350 00
800 00
100 00
965 00
2,000 00

4.500 00
3,000 00

3.500 00
20,000 00

540 00
800 00
900 00
1,750 00
1,300 00
300 00
60 00
977 00
800 00

1,300 00
12,530 00

10,000 00
S,000 00

Amount carried forward,

- 411,356 26

[App. to S. J.]

1838.

Aprd

May

June

Amount brought forward, -

15, To Covington and Georgetown road,

16, Ky. river navigation, Lock No. 1,

18, do. do. freight on lime,

20, Lexington, Ilarrodsburg and Perryville

road, ------

20, Board of Internal Improvement of Mer¬
cer county, below Salvisa, - - -

20, Board of Internal Improvement of Mer¬
cer county, above Salvisa, -
22, Green river, J. R. Skiles, - - -

22, Green river, S. Stout, -

28, Lawrenceburg and Hardinsville road,

28, Danville, Lancaster and Nicholasville, -

2S, Board of Internal Improvement of Ander¬
son county, - - - - -

28, Mt. Sterling and Maysville road, -

28, Elizabethtown and Bell’s tavern road, -

29, Bardstown and Green river road,

30, S. Welch, second quarter, salary, -

30, M. R. Stealey, second quarter, salary, -

30, A. Snyder, second quarter, salary,

30, N. B. Buford, second quarter, salary,

30, II. J. Eastin, second quarter, salary,

30, Austin P. Cox, second quarter, salary, -

30, Ky. river navigation, Lock No. 1, -

2, Ky. river navigation, Lock No. 2, -

2, G. R. Eichbaum, second quarter, salary, -
2, M. V. Thomson, salary as member to
date, - - - -

2, Arch. Woods, salary as member to date,

3, Ky. river navigation, Lock No. 3, -

3, Ky. river navigation, Lock No. 4,

4, Ky. river navigation, Th. McLaughlin,

salary,.

5, Ky. river navigation,-Lock No. 5, -

5, Ky. river navigation, S. II. Moon, salary,

5, Ky. navigation, M. Skelton, salary,

6, Lexington, Ilarrodsburg and Perryville

road, .

6, D. Mitchell, jr., various expenses, -

II, Muldrow Ilill,.

11, Green river commissioners, J. R. Skiles, -
11, Green river commissioners, S. Stout,

14, Ky. river navigation, Lock No. 1, -
16, Lime establishment, andat Tarascons,

18, B. W. Ballard, rodman, &c. to 30th Apl.,

Amount carried forward,

Amount brought forward, -

23, To J. S. Evans, draughtman, &c. t<

instant, ‘

24, W. B. Foster, jr., second quarter, s;

24, Surveys of North and Middle fork

24 W. P- Loomis, for Theodolite, &c.

25* Bardstown and Green river road,

27 ' Owingsville and Big Sandy road,

6’ Licking river navigation, Lock No
fi’ Licking river navigation, Lock JN«

gj Louisville and Elizabethtown loac

din county, - - '

6 Ky. river navigation, freight on li
6’ C. F. Taylor, to remove obstruc
Smith’s Shoals, Cumberland riv<
6, Ky. river navigation, Lock No, 4

Ky. river navigation, Geo. otealey,salary,
Ky. river navigation, Lock No. 3, -
Green river commissioners, freight on

lime, - - ‘

Bardstown and Springfield road, - -

Licking river navigation, Lock No. I, -

do do. Lock No. 2, -

do! do. Lock No. 3, -

Board of Internal Improvement of Frank¬
lin county, Lawrenceburg and Hardins-

ville road, - - - " ’ r '

Board of Internal Improvement ot Mer¬
cer county, below Salvisa, - -

Board of Internal Improvement ot Mer¬
cer county, above Salvisa, ' *

Board of Internal Improvement ot Lin¬
coln county, - - : t, ‘

Lexington, Harrodsburg and Perryville

road, - - ' '

Ky. river navigation, Lock No. i,

A. Snyder, to improve Goose creek and

South fork Ky. river, - - '

Green river commissioners, .1. K. Stales,
Green river commissioners, S. Stout,
Green river commissioners, S. St ° ut ’
Green river commissioners, J. K- Slates,
Bell’s tavern and Bowlinggreen road, -
Lime manufactured at Tarascons’ mil s,
Licking river navigation, Lock No. 3, -

15,

September 8

Amount carried forward,

684,531 97

Amount brought forward, -

^ 1S38

September 8, To Licking river navigation, Lock No. 1,

8, do. do. Lock No. 2,

S, do. do. Lock No. 4,

8, do. do. Lock No. 1,

8, Glasgow and Scottsville road,

8, Muldrow Hill, -

8, Bowliuggreen and Tennessee line road, -
S, Board of Internal Improvement of Scott
county,

8, White & Garrard, Goose creek, &c.,

8, Ky river navigation, Lock No. 1, -
8, do. do. Lock No. 2, -

8, do. do. Lock No. 3, -

8, do. do. Lock No. 4, -

8, do. do. Lock No. 5, -

10, Owingsville and Big Sandy road, -
13, Danville, Lancaster & Nicholasville road,

13, Ky. river navigation, Lock No. 1, -

14, C. F. Taylor, second qr., salary,

14, Covington and Georgetown road, -

15, Ky. river navigation, Lock No. 1, -

17, Lexington, Harrodsburg and Perryville

road, ------

20, Pikeville and Sounding gap road, -
20, Hydraulic lime establishment,

22, Versailles and Anderson county road,

24, Elizabethtown and Bell’s tavern road,

27, Board of Internal Improvement of Mer¬
cer county, -

29, Board of Internal Improvement of Frank¬
lin county, Lawrenceburg and Hardins-
ville road, - - - " -

29, Board of Internal Improvement of Ander¬
son county,.

29, Antes Snyder, third quarter, salary,

29, Austin P. Cox, third quarter, salary,

29, S. Welch, third quarter, sal ary,

29, M. R. Stealey, third quarter, salary,
October 1, II. J. Eastin, third quarter, salary, -

1, D. Mitchell, jr., 2d & 3d quarter, salary,
1, N. B. Buford, third quarter, salary,

1, Bardstown and Green river road,

1, Ky. river navigation, S. H. Moon, salary,
1> do. do. Lock No. 2,

1, do. do. Lock No. 3,-

2, do. do. Lock No. 4,

2, do. do. Lock No. 1,

Amount carried forward, - - - 809,617 35

Amount brought forward, -

0 tobei 38 2, To Ky. river, to pay for Hay cion’s land, at

4 Ivy. river, Lock No. 4, - -

^ Kv- river, S. H. Moon, salary,

4 , Antes Snyder’s expenses, • -

4 Green river commissioners, .). K. okiles,

4 ’ Green river commissioners, S. Stout,

6, Covington and Georgetown road,

6 * Licking river navigation, Lock No. 1, -

g’ Licking river navigation, Lock No. 2, -

g’ Licking river navigation, Lock No. 4, -

6 ’ Licking river navigation, Lock No. 3, -

8,' Danville, Lancaster and Nicholasvule

road, - y " -

8 Ky- river navigation, J. S. Evans, salary,

loj Lexington, Harrodsburg and Perryville

road, - - ;

10, Mt. Sterling and Maysville road,

Unsettled balances in hands of Engineers, &c.,

809,617 35

5S6 17
2,500 00
60 00
147 75
12,000 00
S,000 00
1,000 00
950 39
662 35
397 OS
42S SI

1,500 00
152 00

7,300 00
1,000 00

$S46,301 90
6,220 00

$S52,521 90

Note.—I t was reported last year, that the sum due from the State to the
Mavsville Washington, Paris and Lexington turnpike road, viz,. »

wakfully paid, and that $12,775 S7 had been paid by the State s portion of
Ills in said road. It -was subsequently ascertained that only S12,141 39
should have been so applied; the balance, $634 48, belonged, under ie ,
to the Sinking Fund Commissioners, to whom it has been paid, as here sta,

ted.

report

OF TIIE

CHIEF ENGINEER OF KENTUCKY,

FOR. 1838.

Engineer’s Office, I

Frankfort, December 12 th, 1838. $

Tn the Hon. James T. Moretiead, ,. ir

T President of the Board of Internal Improvement of Ky.

Sik-I have the ^J^coSi^

“X" ; a'" the re P° rB 0f th ”‘ SeT " al KeS “'“ “ d ASSiS,a ” 1

E TteEngineer corps, a. directed by an order of the Board, of the 17th of
TiVhrnTrv last, has been continued as organized in loo/.

SurSs have been made, during the year, of the Big Sandy mer and
West Fork- of the North and Middle Forks of the Kentucky nyer: of^ the

t^rnf^ke rof^^^.^f'^g^^^of^-o^fror^^Lcoiisv^le via Elisabethtown,
Munfordsville, Bell’s tavern, Bowlinggreen and Franklin, to the Tennessee
line.

Bi<r Sandy river and West Fork.— By direction of the President of the
Board, Mix Buford was instructed, early in April, to organize a survey mgr
party and commence the examinations of this stream ^ soon as Restate ^
the water would permit. The river was to be sun eyed fiom l kev lie to
its iunction with the Tug Fork, and thence to the mouth, at Latlettsburg.

The distance from Pikeville to Louisa', at the junction oMhe\Vest end of

Tuct Forks is S9 : l miles, and from Louisa to the mouth ol the mei, - -r,

IvkXg.'Xe" : llti 200 feet, end

Louisa, about 200 feet. Along some part of the distance,

not more than 20 or 25 feet high; but they are, generally, between 40 a

50 feet. The average width of the valley, between the lulls, does not ex

ceed 600 or 700 yards; in some places it is wider.

Prom Louisa to the mouth of the river, the channel is from 3 to 400 feet
Wide. The valley between the hills is considerably wider than that along
the West Fork. The bottoms are generally from 45 to 50 feet high above
the low water plane, and somewhat higher near the Ohio.

is mostly at the ripples. Between these, when
there are long level pools. The fall, in the ripples, is from
The length of those which have, the greatest

to the ascent of small
. The boats carry from
When the water is low,
:'s, and boats cannot pass
ho made the survey, under

The descent in the river
the water is low
3 or 4 inches to 4 or 5 feet,
fall, is from 1000 to 3000 feet,

The ripples constitute the principal obstruction
boats, (keel boats or barges,) when the water is low.

5 to 20 tons, according to the state of the water,
the depth on the ripples is reduced to a few inches
over. Mr. Eichbaum, the assistant Engineer, w
the direction of Mr. Buford, recommends the cutting of a channel, through
each ripple, wide enough for the convenient passage of boats. This plan
might be of some advantage where the bed of the river, in the ripples, is fixed
rock; but where it is gravel, or loose rock, such a channel would wear away,
and change so much, in a short time, as to render it useless lor navigation.

To remove the snags and loose rocks, and to cut away such points of fixed
rock, upon the ripples, as project above the common level of the river bot¬
tom, would be the only improvement which, in my opinion, can be made,
at a reasonable expense, to facilitate the ascent of boats in low water, or at
a common stage of water.

The river is obstructed, to a considerable extent, by leaning trees and
snags, which impede the passage of. steamboats and of descending flatboats.
If these obstacles were removed, steamboats could ascend, during freshets, as
far up as Prestonsburg, and perhaps to Pikeville. One steamboat, has as¬
cended the river to a point 15 miles above Prestonsburg. Other steamboats
have ascended to Louisa, and above.

There appears to be no practicable road, from Pikeville and Prestonsburg
to the mouth of Big Sandy, or to any convenient point on the Ohio; and
the river is the principal channel of communication, between the coun¬
ties of Pike, Floyd and Lawrence, and the Ohio. The expenditure of about
eight or ten thousand dollars between Pikeville and Catlettsburg, would re¬
move the principal obstacles to the passage of steam and flatboats; and
would so improve the shoals as to facilitate the passage of keelboats, and
perhaps increase the length of time during which they could navigate the
river.

Iron ore is found in considerable quantities, along the river; and coal is
found along its whole extent, from Pikeville to the mouth. At Prestons¬
burg, beds are opened, from 3 feel to 4 feet G inches thick: as far down as
Tom’s creek; tliev are represented to be 3 feet thick. Further down, the

I bl

. ltl „ direction of Wm. B. Foster, Resident Engineer, of

^N^and Middle Forks. The South Fork was surveyed in 1837.

, j-, 7_rrii • stream was surveyed, from its junction with the Mid-

tforih Fork- T i Leatherwood creek, (Brashear s salt-

£ S» of ,1,3 river, of on, hundred end twenty

one and throe 1™\® s “ th mouth 0 f Troublesome creek, 55 miles, the
From th® Middle Fotk to the mouth ^ ^ Tbe average wid th of the

ascent is 93 feet, <» a l ‘ 1 . h Narrows, where it is from 130

channel is about 200 feet except g 35 t() 50 feet above low

to J 50 feet wide The common do™ rn0 uth of Leather-

water. From the mouth of T X £ t 0 r a little more than 3 feet to the
'T d ' ftt to part of the river, ts

nn 6 ' i on f Pt The bottoms or flats, are generally not more than from 30
about 120 feet. T1 plane. The bottoms, where they occur,

to 35 feet high above water plane seldom exceeding aquar -

along the whole extent of ml y,^ Troublesorne cree k, are four or five

S&by^efor^onbackwater navi¬
gation. p i i Ujq mouth of Troublesome creek, the chan-

Between the Middle Folk and the mourn . tQ be navigate d,

nel of the river is sufficiently strain > ^ mouth of Troublesome creek,

conveniently, by small steam • h t is considerable, the

it is more crooked and not so wide.and could not be used

pools between the dams, would , yer be exte nded as far up as

with advantage. The, navigation, co , 1 t shou ld ever require

Hazard, or perhaps farther, i“X tha/boats &c. might be

it. A towing path would be req ’ b obta i ned f or all the locks-and

the mouth of Trouble creek,
are abimdan *’ a ° d ca “ be easily

miles, as follows:

99 feet lockage, including dams, &c. at S4.500 pei foot,
Clearing banks of river 55 miles, at $100 pei mile,
Clearing channel of rocks, &c.,

Add for contingencies 10 per cent,

445,500

5,500

6,000

$457,000

45,700

$502,700

Average cost per mile,

5 0 3 7 0 0

$9,140.

TApp. to S. J-]

To extend the navigation as far up as Hazard, or the mouth of Leather*
wood creek, the cost per mile would be considerably increased on account
of the increased lockage. If a towing path would be made, it would add
still further to the expense. The lockage from the mouth of Troublesome
creek to the mouth of Leatherwood, would be 204 feet, and the cost per
loot lift, for the locks and dams would be about $4000—which would make
for the whole lockage $816,000. Add to this the expense of clearing the
banks and channel of the river; the cost of superintendence and contingent
expenses, (not including a towing path,) would make the aggregate cost of
the 66.4 miles about $1,000,000—ora little more than $15,060 per mile.

Coal is now carried out of this river in llatboats, some from a mine near
Hazard, and from several points below. Rafts of timber also descend the
river. The descending navigation could be considerably improved, by the
removal of rocks, &c.

Coal was found along the whole extent of the river, or as far as the sur¬
vey was carried. Along the Narrows, and on the greater part of the dis¬
tance between the Middle Fork and War creek, the beds or layers which
crop out near the river, are thin. Between War creek and Brashear’s salt¬
works, coal beds from three to five feet thick, crop out along the face of
most of the hills. In some places the thick beds of coal, are low down near
the river, in others, they are some two or three hundred feet above the
water.

Near the mouth of Troublesome creek, there is a bed of coal, about 275
feet above the river, from 3J to 4) feet thick. About 3 feet of this, is of the
kind called cannel coal, very hard, and burns freely with a white flame.—
The balance of the bed is common bituminous coal, but of a superior quality.

Iron ore was found, in small quantities, in several places, in the beds of
shale or slate. No large beds were observed.

Several salt wells have been bored, from which salt has been manufactur¬
ed, upon the North Fork. One near the mouth of Troublesome creek, from
which salt is now made; also one at the mouth of Leatherwood, (Brashear’s.)
There are two, about 6 miles from Troublesome creek, which have been aban-
doned. At Hazard, there is a well not yet finished. The saltwells upon
this river have not, thus far, been very productive.

Middle Fork .—This river was surveyed, from its junction with the North
Fork, to the point where the road leading from Hazard to Manchester,
crosses it, a distance of 68 miles. The ascent, in this distance, is 169 feet,
or nearly 2i feet to the mile.

The valley through which this Fork runs, is narrow, and the hills which
enclose it, are high. As the North Fork is upon one side, and the South
Fork upon the other, at no great distance: the country which it drains is not
very extensive. On the lower ten miles, the bottoms or flats, are about 35
or 40 feet high, and for the most part, are wide enough for cultivation;
above this they are narrower, and not more than 25 or 30 feet high.

On the lower ten miles the channel of the river averages about 100 feet
wide: further up, it is wider, and will average about 130 feet, as far as the
survey was carried. The channel is a good deal obstructed by rocks and
old timber, upon the lower part of the river, and by islands in the upper
part. Flatboats, laden with coal, however, pass out during freshets, also
rafts of timber.

-ri « Stream is too small and crooked to be na\

T f tion for boats to be towed by horses can be
naV ‘f whenever the exigencies of the country sh
pen fr’on inuous slackwater navigation, would be I
A c ° 1 ‘ the - tra de, which would consist princi
a ? tlJriver are not adapted to the construction c
° f A good slackwater navigation, lame enough
used for the conveyance <

>$4000 per loot hit, anc. — - .

,te C iai e beJ S l o°«™ atog'the whoS extent of this river
• ° s examined, but they are not, generally, t
VoZ FoXSeveral of the beds which are open,
or two near the upper part of the survey, i=—

de Q P ' nil nuantities of iron ore were found imbedded, as upon
Fork> the shale or slate rock, but no_ large deposites were c r „

The country along the North t--

nortation, coal, timber, and perhaps some non,
p „i v n extend all over the country,within t. ; .

Kly mV be regarded a 9 inedible, and the trade ,n
petual. The quantity sent to market \

Cumberland Wwetv—At ameeting of thecompliance with the 9th section
it was ordered that the Chief Fngi > lmpro vement of the State, ap-
of an act further t ? ro 7ooo f b e directed as as the state of thewater

proved FePr ^Jmand Plunder contract such work as, in his judgment
"will peimit, to ln.^ 1 x r +v,p desccnclinff n3.visj3.tion of tlio

may be necessary for the improvement of the descend* g^ Une .

Cumberland river, from tne w i tPe opddoI1 0 f the President of the

And it was further ordered; that , ^ d P eme d expedient to appoint a

Board and the Chief Engi , ' _ , laborers, and procure the neces-

Superintendent with authori y o 1 Y timber and to make the improve-

sary boats and implements, to cuta y t Tennessee line,

ments between ^ 0 ^^^SSSrintendent, and authorize him

rTrir be deeme<1 necess ” y

the Engineer for the execution of the>, oy, ^ ascer tained that an agent

Soon after the above order was m ^ Engineer Department, was

acting under instructions fiomt . timber and to remove the ob

making preparations to cut away the lean » ■ gouth Fork . In con

■*** to this part of th '

the water w.u.dU- 1™ .

July, to permit contractors to examine . ’ d 3 and doing the othe

the work to be done. Proposals for build ^ adve °rtisemen'

necessary work, upon Smith’s Shoals, w Somerset, Pulaski coun

to be received on the 13th and 14th days of July, at Somerset, (k

ty. When the proposals were examined, it i^ d 14 t 1 c

mandedfor building the wing dams, &c. so fai exceeded

auce of coal upon the Kentucky river would cost about
and the whole cost of a navigation from the mouth ol
and Hazard road,would be about $750,000.

" ' ' 'ver, or at least as far as
so thick as those upon the
measure about 3 feet. One
measured about 4 feet thick or

i the North
observed.

and'Middle Forks, will furnish for trans-
m. As the coal beds are sup-
the limits of the coal field, the

ailu _.b hi coal will be per-

will be regulated by the demand.

the 12th of May last,

the work, that it was deemed advisable not to enter Into contract, and the
bids were referred to the Board, at the next meeting, and were rejected.

At a meeting of the Board on the 27th of July, the President and Chief
Engineer were “authorized to have the works, required for the discending
navigation of the Cumberland river, on Smith’s Shoals, executed under the
direction of a Superintendent, or one of the assistant Engineers in the ser¬
vice of the State, and that such Superintendent or assistant Engineer, be
authorized to purchase the necessary materials, as the agent of the State,
and to employ as many foremen and laborers as the Chief Engineer may
deem necessary, to execute so much of the work as can be done with ad¬
vantage during tho present season; and the President of the Board is di¬
rected to furnish such Superintendent or assistant Engineer with the funds
necessary for the prosecution of the work.”

In compliance with this order, Mr. Charles F. Taylor, an assistant En¬
gineer in the service of the State, was appointed Superintendent, and di¬
rected to make preparations and commence the work as soon as practicable.

The loose rocks and such points of fixed rock as projected above the
common bottom of the river, in the boat channel, have been removed, upon
all the shoals. Upon the Lower Shoal, a wall, which extended along near
the middle of theriver, about 1400 feet, has been removed, and two new wing
dams, the one is 587, and the other 547 feet long, have been built. The
dams are constructed of timber and stone. They are about 18 feet wide
on the bottom, and average about 5 feet 4 inches high. The natural chan¬
nel of the river upon this shoal, is about 700 feet wide. It is contracted
by the wing dams, to about 300 feet.

As the wing dams, upon the Lower Shoal, were not finished, until about
the first of November, it was supposed there would not be time enough be¬
fore the commencement of the fall rains, to complete those upon the next
shoal above. To have them partly built, (and left unfinished,) would en¬
danger the safety of descending coal boats. It was therefore deemed ad¬
visable, not to commence them, until next season.

The whole amount expended in building the dams, and for removing the
rock from the boat channel, is $3,199 69. This includes the cost of work¬
ing tools, and all expenses, except superintendence.

Improvements of the kind, commenced upon Smith’s Shoals, have not,
in most places, where they have been made, resulted in much permanent
advantage. They may prove advantageous here. The effects of the dams
which are finished should be carefully observed, during the winter and spring
freshets: and if their form and positions shall appear to be good, those upon
the other shoals can be built in the same manner; if not, such modification
can be made as circumstances may suggest. Ail the works now proposed
to be built upon the shoals, and between them and the mouth of Laurel
river, can be finished next season. The cost of building the remainder of
the wing dams, and of doing the other necessary work, will be about $20,-
000 .

I have no information in relation to the amount of work done, by the
United States’ agent, between the mouth of the Big South Fork and the
Tennessee line.

Goose creek and South Fork of Kentucky river .—By an order of the
Board of the 27th of July last, the President and Chief Engineer, were

under contract, without unnecessary aeuiy,
e act of Assembly, entitled, “an act to im-
ireek, in Clay county,” approved 16th A eb-

, r Mr. Snyder, Resident Engineer, was di-
r’ and lay out and put under contract, upon
,rks contemplated by the act above referred
itv of the river, were invited to make propo-
t was found that the prices so far
that the Engineer declined entering
the East Fork of Goose creek and
noly. The President of the Board
"that the work should be executed
ents, who should, as Agents of the
.plies, and do all things necessary lor
• the improvements; and lie appointed
e a nd James II. Garrard, of Manches-

appointments, commenced removing
done Goose creek and the South I ork

authorized and directed u
the works contemplated l
move the navigation of G«

'“in compliance with this
rented to proceed to Mane
the best terms he could, tl
1n Persons living m the
Jo When these were
exceeded a fair value of the woik ;
into contract, except for that upon
roTlins’ Fork, and reported accord
directed, on the fifteenth of Angus
under the direction of Superintend
State employ laborers, purchase su
successful and vigorous prosecution c

as Superintendents, Dougherty Wh,

10 These gentlemen, soon after thei
the obstructions, below Manchester,

° f The work done" consists of removing loose
projecting points of fixed rock, upon the -ho.
nlJve the Narrows, and of raising the dam ac
The contract for removing obstructions on
was given to Ilham Hibbard. The pricey
work specified in the agreement, is $350
The work is not yet finished.

The contract for removing obstructions m
Elhannan W. Murphy. The price agreed to
in the agreement, is $283. No pay.

specified

There has been paid for work done upon Goose creek and the

of the Kentucky river, - - ' . . 250 00

Paid upon East Fork of Goose creek, - __-

. $2,171 69

Whole amount paid, * * " _ 400 00

Work done and not paid for, about - - _ --=

There has been paid to Messrs. Garrard a P| 0 ^ hlte> to be dl
°^^^!St2^e^?efemd to,’can all be finished next

plated by the act of Assembly, approved 18th February, 1837, and by tho
act relating thereto, approved February 15th, 1S3S. The order requires
that Mr. ISkiles report to the Board of Internal Improvement. A part of
this work was put under contract last year, and it was partly executed. As
it was difficult to designate the work to be done upon these, streams, and as
a good deal of difficulty had arisen in the management of that which was
put under contract last year, Air. Skiies deemed it best for the public in-
terest, to have the balance done under the direction of Superintendents,
who should be authorized to procure supplies, employ workmen, and super¬
intend the execution of the work.

between the mouth, of Peters’
<: trees cut down

The rocks,-snags and timber in the river
creek and Line creek, has been cleared out, and the leaning
or belted. About midway between Peters’ creek and Line creek, is Ilatler’s
mill dam, over which boats cannot pass except in very high water, and the
work done above it, is nearly useless. This dam was built under the au¬
thority of an act of the Legislature, but the provisions of the law have not
been complied with.

The work left unfinished last year, between the mouth of Peters’ creek
and Martinsville, (part of Stevens’ contract,) is done, and the fish dams are
removed. Some additional work lias also been done.

On the divison below Martinsville, the work left undone, of Stevens’
contract, is finished, and a cut-off, formerly excavated, has been deepened
and a wing dam built to turn the water through it.

The work authorized to be done upon Drake’s creek, has been finished.
The expenses of the work done upon Barren river and Drake’s creek, as
upon the other tributaries of Green river, were paid by the Green river
Commissioners, and the amount charged to the Board of Internal Improve¬
ment.

By an order of the Board of the 29th of June last, the Chief Engineer
was directed to cause an examination to be made of Pond river, and of that
portion of Rough creek, between Plartford and Green’s mill, (Falls of Rough
creek,) for the purpose of ascertaining what improvements could be made
with advantage, for the descending navigation. Mr. Livermore, who was
directed to make the examinations, reported that improvements could be
made, by removing snags, timber, &c., that would be of public utility, and
the expense of which, would not exceed the sum appropriated by the Board,
viz: $5,000, for each stream. By direction of the President of the Board,
advertisements were published in the public newspapers, inviting proposals
for executing the work, and an Engineer, Mr. Foster, was directed to lay

this stream, arc bo-
river,) and the Hop-
distance of 58 miles. The work is let out
At the meeting of the Board at Rumsey, on the 27th
allotted to Wallace, Anderson and Lynn. But as these
into contract, on account of some misunderstanding
' ; of the timber, it was given to JohnS. Eaves,

and William Eaves. ... , , * 7 oq

•red to be done under this contract will amount to $2,793.

‘ i t .„ or ,;fi ( .otions which are herewith communicated, to-
mer with Mr. Foster’s report,’will exhibit the kind of work to be done

mkh The work has been commenced, and some progress made upon i ond
river, but no payments have yet been made.

—The improvements directed to be made, upon this liver,
j as far as Wolf Lick creek, 2S miles, have been com-
•tly executed, under the direction of Map John W. Powell
5 who employs workmen, procures supplies, and superin-
the agent of the State. Some work was done, several
the lower nine miles, by Commissioners, citizens living m
, pointed by the State. Such obstructions as
’ i removed by the Superintendent, this
the J back water from dam No. 3, on Green river flows.
Lilci ulJ , will not all be finished this season. The amount ex-
the 20th of November, was $8GS 91.

: ', Mr. Fos-

Millerstown down to the
rtaining whether improve-
the descending navigation:

„ 7 _The improvements to be made upon

. For “ViFmile. above tho moml, of the

She and Greenville road, a distance ol o3 miles. _

under one contract,
of August, it was i
men declined entering _
about the manner oijhsposmg
Sanders Eaves
The work requir

Muddy river
from the mouth, up
menced, and part',,
as Superintendent,
tends the work as
years ago, upon
the vicinity of the river, api
were not removed by them, have been
fall, as far up as t'.„

The work further up, w:
pended up to t.—-

Nolin creek .—By an order of the Board of the 27th of August,
ter was directed to examine this stream, from
mouth, about 5G miles, for the purpose of asci
ments could be made, that would be of use to
and he-was directed to employ a superintended
could find a suitable person who would serve loi
but if he could not find such person, he was di
lowest bidder. The sum of $1000 dollars was
penses of the improvements.

1 .... i . • , • wott /-»( nnvicr

not be of much advantage. The oosi of the improvements proposed to be
made, includin'’' the removal of Dawsey’s dam, and the reduction of Har¬
din’s to four feet in height, is estimated at $1500. As this sum exceeds tho
appropriation by the board, and the authority to interfere with the mill
dams was questionable, no work has been done, and the subject is submit¬
ted for the further consideration of the board.

Bear and Caney creeks .—In compliance with an order of the board of
the 27th of August last, Mr. Foster was directed to make a reconnoissance
of these streams, and to report to the board what improvements, it any,
could be made for the descending navigation. ,

Bear creek was examined from the mouth up as iar as McClure s Fork—
estimated distance 30 miles. The obstructions aie, two mill dams, one about
5 , an( i the other 17 miles from the mouth—rocks in the channel, snags, drift
wood, and leaning timber. The upper mill dam is 8 feet high, and boats
can pass over it, only during very high Hoods.

There appears to have been but little produce sent out of tins creek. I wo
boats, only, are reported to have gone out: and these started from points
below thefupper dam. Mr. Foster estimates the cost of removing the ob¬
structions, at $717.

The country along this creek, is thinly settled, and except the bottom
lands, not very fertile.

Caney creek .—This stream is a branch of Rough creek, and unites with it
about 15 miles below the Falls. It was examined, from the mouth, as far up
as Bracher’s mill, a distance of about 45 miles.

The obstructions consist of leaning trees, and in some places large quan¬
tities of fallen timber. There is one mill dam, Knight's, about 7 feet high,
two miles above the mouth; but this is said not to interfere materially with

the passage of boats. , . c

The plan of improvement recommended by Mr. Foster, is to cut the fallen
timber and snags, into small pieces, and fell and cut into pieces the leaning
trees. The water during freshets would then clear the channel. The cost
of cutting up the timber, &c., is estimated at $20 per mile, making, for the
whole distance $900.

The country bordering upon Caney creek, is represented to be iertrle, and
to furnish a good deal ol surplus produce for market. Last year, there was
sent out, according to report, of tobacco, corn, pork, &c., about 500 tons.
Mr. Foster states that a smaller amount of money than is represented above,
if rightly applied, would, be of service to the navigation, and that the whole
$900, could be judiciously expended. There has been paid towards tho
improvements for descending navigation upon the tributaries of Green river,
by the Board of Internal Improvement, as follows, (expenses of former years
included,)

Big Barren river above Bowlinggreen, - - - 43

Drake’s creek,. ‘j”

Muddy river,.. ?Sl 34

Rough creek,.- ; £

Rond river,.

Amount carried forward,

7,768 68

Amount brought forward,

Green^iver 6 'above the mouth of Barren, including cost of
surveys of tributaries, *

7,785 68
2,827 00

3,374 51

$13,98S 19

Green and Barren river Navigation .-The works under contract upon
, =p ,-ivers have been continued under the direction ot the Green live
rnmmissioners. The reports of the President, Mr. Skiles, and of the Resi¬
ded Engineer, Mr. Livermore, will give the requisite information relative
. tlip rmidition of the works, the expenses, &c. ,

1 Two of the locks and dams, one at Rumsey, (Vienna Falls,) and one at
the mouth of Muddy river, are finished, or nearly so. These two dams foim
„ continuous navigation, from Rumsey to the mouth of Barrett river, S
miles From Rumsey to the mouth of Green river, the navigaUon is good
whenever the Ohio is 8 or 10 feet above low water, which will probably be
the case for G or 8 months in the year. From the mouth of Banen river t
Rowlimmreen, steamboats can only run during freshets, or when thenver
is several feet above the low water level. The lock at the mouth of Barren
river and the one between that and Bowlinggreen, are therefore ntuch more
necessary than the one near the mouth of Green river, which will be the last

t0 The'undersigned examined the works upon Green and Barren rivers, in
April and in August, by direction of the Board of InternaUmprovemen ,
and gave such advice in relation to the construction and security ot the locks,
dams, &c., as in his judgment circumstances required.

Kentucky river Navigation .—On the 15th of February last, the amount
of funds available for Internal Improvement purposes, was only •Vd,66».
It was doubtful, at that time, whether money would be realized iiom the
sale of the bonds of the State, in time to meet expenses, which, with the
employment of a large number of workmen, would accrue upon the public
works' In consequence of this state of things, the contractors were not re-
quired to employ! large force, so early as they would have been, if funds

'^M^ons^nd^other mechanics employed upon the locks and dams, and
upon other works, come mostly from Pennsylvania, and fiom the states
East and North of that, where they have been employed upon works of Iq.
ternal Improvement, and upon which they have acquired the hih thaU ei ¬
ders them useful here. Those men can be induced to come to 0U1 P ut J lc
works, only by an assurance from the contractors, of high wages^and cer
tain pay: and then it is necessary to employ them early ^ ihe season an
before the commencement of warm weather. Few ai g

this country after the middle of May, or the first of June. Last spring, n^
adequate inducement was offered for them to come o oi ’ , ,

ring the summer and autumn, good masons could no e o ,

work was consequently a good deal retarded.

The money borrowed from the banks was sufficien o p y V

upon the rivers, with the small force employed; anc o pa. , P ’

[App. to S. J-J

demands of the turnpike road companies. The sale ot the bonds was ef¬
fected in June, but the money was not available, here, until the first of July.
An impression prevailed early in the season, that there would be a 1 educ¬
tion in the price of labor, and also in the price of subsistence for woikmen:
and the contractors were desirous of prosecuting theii woik, with but few
men, until the reduction should take place. No inconvenience, therefore,
resulted to them. They were paid as fast as their legal demands were

There was but little masonry laid in the locks before the middle of July.
Several freshets occurred in May and June, which interfered with, and sus¬
pended all work in the river. Since the middle of July, the season has
been very favorable, and the work has been prosecuted with considerable
vigor, though not so expeditiously as it would have been, if a larger force
could have been employed early in the season.

The work upon the lock and dam near the mouth of the river (IN o. 1.)
is affected by the freshets in the Ohio; and whenever the water rises from

12 to 15 feet, or more, the building is suspended. The foundations of this
lock, were not prepared, and they were not accessible, except for a very
few days at a time, last summer, until after the middle of July: since that
time the work has been prosecuted with considerable energy. . There is
now nearly 2000 perches of masonry laid, and a good deal of timber has
been delivered for the dam, &c. This lock and dam cannot be finished
next season, without incurring an expense greatly exceeding any advan¬
tage that would result from its completion. It may be finished in 1S40, and
probably at the present contract prices.

The work upon the lock at the mouth of six mile creek, No. 2, was also
retarded by the freshets in the Ohio, in the early part of the season. The
walls are now built up to the height of about 10 feet, and are above the
ordinary floods. The pit for the abutment of the dam is partly excavated.
A considerable quantity of stone for the lock walls, is quarried, and pre¬
pared for laying, and some plank, &c. for the dam are delivered. This lock
and dam can be finished next season, but it will require the employment of
a large force, and great exertion on the part of the contractor.

The walls of lock No. 3, at the mouth of Cedar creek, are built up about
10 feet. The greater part of the stone for building the balance, are quar¬
ried, and prepared for laying in the walls. A part of the timber and plank
for the dam has been delivered. This lock and dam can be finished next
season.

The walls of lock No. 4, near Frankfort, are about three fourths built up.
and the greater part of the stone for the balance is quarried and delivered
at the lock. Some of the timber for the dam is also delivered. This lock
can be finished next season.

The walls of lock No. 5, near the mouth of Stoney run, are built up from

13 to 15 feet, and a large quantity of stone is quarried and prepared for lay¬
ing. This lock can be finished next season. The dam should not be built up
to any considerable height, until the lock near the mouth of Clear creek, is
partly built up, and the foundation of the dam prepared.

- amount of work done towards It
river navigation, up to the 1st ot L

for the first five locks and

■auliclime manufactured,

surveys, and pay

The aggregate
tucky r:

By the contractors

dams, - -

Estimated value ot hydi
and furnished,

Clearing the banks of the river,

of Engineers, &c., -

Amount paid up to the 10th c

Estimated cost of the locks and

tract, including lock-house;
banks, hydraulic lime, &c., r
plete the navigation 95.2 mi
Estimated cost of the Kantu<
tion from the mouth to t
257 ^ miles,

TSS 5 “

finished by the close of the year 1841.

Licking river Navigation,—^ a ^ t h 1 e °con\ract for lock and damlvo.
fa and dams for this MM, to receive pay for

which was made m June last, t thirds in notes

fir labor, &c„ one third m the bonds of the S ate and tw carrie dinto

the Batiks of Kentucky, Thus e centracXanVtlre State will

fat, will opemte to the drsadvantag lhal a change be made if

■»- ■" - is ihe case

mtracts upon other works. let in October,

The contracts, for the five or before the first of

provi^ that thc miri^hal b amount 0 f money available for

3’ mpo,eme«es. and as it

mold be obtained, the contractors any evmnt until some time

revision, and they did not commence wo k t. , any eamnt u
, May or June—which was as soontaM'unds '.ere p.o , ^ ^1 3 ^ ^
lo order was given, howevei, not to commence - v

heir interests might direct. f

lt was expected, when the ^S^Syt^ries
tongtaOWo river,' and it was supposed.that stone for kjlthng to other

ocks, would be obtained from quarries ln ie M y ^ QUt jq or 12 miles

ion tractors for the two lower locks, opened q y • iit pre para-

lelow Portsmouth, in the State of Ohio, S thevpro-

fions for obtaining all the stone required to build their locks, ana y 1

n-ivr.rl + * npr'pqcfiTV t.O tXclIlSPOl t tOGIP*

The contractors for locks Nos. 3, 4 and 5 opened several quarries in the
vicinity of the lock-sites, but none of them furnished stone ot a size and
quality suitable for building lock-walls. The contractor lor lock No. 4 (
about the first of June, gave notice that he could not execute his contract.
It was abandoned, and re-let to Palmer and Guiou on the 15th ol June,
The specifications were so modified, as to allow ol the use of smaller stones,
in apart of the wall. The stone for the face ol the walls, will be brought
from the Ohio river.

About the last of August, the contractor for lock No. 5 died, and his work
was consequently abandoned. The Board directed, soon after, that the Chief
Engineer put the work under contract again, as soon as a good and efficient
contractor could be found, who would undertake it at lair prices. A pro¬
posal was made by W. 0. Shands of Cincinnati, who was recommended
as an efficient and responsible builder. IJis proposal was accepted by the
Board, and he was requested to enter into contract. After a delay ol some
days, he declined signing articles of agreement, unless the prices specified
in his proposal, for some of the items ol work were increased. 1 his propo¬
sition the Board refused to accede to, and directed other proposals to be in¬
vited by public advertisement. The lock is not yet re-let.

The contractors for locks No. 1 and 2, commenced work, with an efficient
force, at their quarries, in May or June, with the intention ol quarring stone
and building a part of their rock-walls this season. They had quarried and
prepared a considerable quantity, and made preparations, about the 1st of
August, to transport them to the lock-sites, but the river soon after become
so low as to suspend navigation, and it did not rise again until some time in
November. They have now commmenced transporting stone to the locks,
and will continue it, whenever the water in the river is high enough to en¬
able them to carry them to the works. The pits for the locks, and dam abut¬
ments, are partly excavated, and some timber and a part of the iron, has
been delivered.

The contractors for lock No. 3, have opened several quarries in the vi¬
cinity of the lock site, but none of them have furnished stone, except per¬
haps a few, suitable for building up the faces of the walls. Stones suitable
for the interior of the walls, are found in abundance, at these quarries.
Stones for the face walls, coping, &c. could be obtained of better quality,
and more cheaply, from the quarries upon the Ohio. The contractors have
made arrangements for furnishing these stone, from quarries at Rockville,
from which a large portion of the building stone used in Cincinnati, are ob¬
tained. When the Ohio river is high, steamboats can pass up to the lock
site, and the stone could be taken there without any land carriage.

The pit for this lock has been mostly excavated, and also the pit for the
abutment of the dam. The contractors have delivered some timber and
some iron.

Messrs. Reynolds, Grant and Hazleton, are to receive, by their contract,
$6 50 per perch, of 25 cubic feet, for building the lock walls. When the
agreement was made, the contractors and also the Engineers, were under the
impression that stone for building could be obtained in the vicinity of the lock,
but of this the contractors were to judge for themselves, and were to fix their
own prices. It appears now, that it will be necessary, or at least most eco¬
nomical, to go to quarries upon the Ohio, for a part of the stone; and that
the expense of building the lock, will considerably exceed $6 50 per perch.

, • • for the other work, ns building the dam, <fcc., will not more than

Th bCexpens"”of'.construction, and leave the comractor, a r^en.Ue
5ay It on for their personal services. II they proceed to build the lock
;ompensatio -arrangement, they will sustain a loss ol several thousand

uidei 1 ie P der exist j nj f circumstances, 1 would advise that it be abandoned,

f 01 "u_tThe Board, if they have authority to do so, direct the work done
and that tn > - . . and the contractors to be compen-

.tSSSj™ be, for their labor and the expenses which they have

‘“S** a- d.™

pit, and at opening 1 d 2 A ]| ,he cutstoneare to be obtained

stone for locks Nos. 1 and 2. Some iron has

been delivered lor to '“k “ n j^ 5 since about the first of September,

, N, Te™t aS dieTThTwhol. amount which could then be estt-
AV hen the con t (;o Th(j conMor had expended a considerable sum
mated, was arries , and in making preparations for the prosecu-

ton of to woltfor whiclt, under the provisions of the contract, he could

”°» b channel 100 feet wide, has been cut through the rock bar in the Ohio,

A channel n > u about V15 q lee t long. The channel is

at the mouth ot tne L* g more depth ot water, than

excavated so low, tot it wd b^Aelow Cincinnati. The bed of the
there is upon the shoal , h(j channel was excavated. Boats can

Ohio, heie, is i '■ . , tching whenever they coil run upon the Ohio,

« totv’as much or more water. This channel

Tlock of these dimensions will admit the common stern wheel steamboats

time fixed by the contract. T • i

The aggregate amount of work done towards the construction of the Lick-
Ihe aggre|atgam r up to tWe lst December, inst.,is-

By the contractors for the first live locks and dams, $ 1 S 013 40
Estimated value of hydraulic lime manufactured, ’ ?( .

Surveys and pay of Engineers, &c., - _’_

Value of work done up to 1 st Dec., including surveys, &c.
Estimated cost of the locks and dams below l almouth, inclu¬
ding lock houses, clearing river banks, hydraulic lime, &c.,
necessary to complete the 5I j miles ot naviga ion,
Estimated cost of the Licking river navigation,
from the Ohio to West Liberty, enlarged as
above mentioned, -

29.7S0 16

491,500 00

$2,036,000 00

Turnpike rocul f rom JLouivsMe via the mwulh oj bait river, Elizabethtown,
Muvfordsville, Bell's Tavern, Bowlivggreen and Franklin, to the Tennessee
lin,e.—T he distance,' according to the surveys, from Louisville to the Tenues-
see line, is 145.63 miles. The road is divided ns follows: From Louisville to
Elizabethtown, 44£ miles—from Elizabeth to Bell’s tavern, 49.6 miles—from
Bell’s tavern to Bowlinggreen, 24 miles, nearly—Bowlinggreen to the Ten.
ncssee line, 27.6 miles. Each ot these divisions, is under the superinten¬
dence of a President and Directors.

Five miles of the road, next to Louisville is finished, and there is about7
miles finished, in Hardin county. The work is under contract, upon the
balance of the line, to Elizabethtown, except the bridge over Salt river, and
a short piece of road adjoining it; and about 9 miles of stone roadway, be¬
tween Salt river and Louisville.

Two miles of this road, where it ascends Muldrow’s hill, is graded only
30 feet wide: The stone roadway upon this is to be 20 feet wide. The next
14 miles towards Elizabethtown, is graded 40 feet wide, and the stoneway,
will be IS feet wide. The balance of the road between Elizabethtown and
Louisville, is graded 50 feet wide, and the stonewav is 16js feet wide.

About 9 miles of the road in Jefferson, and nearly 14 miles in Hardin
county was put under contract last summer; the balance has been under
contract some two or three years.

The grading from Elizabethtown to a point within about a quarter of a
mile of Munfordsville is under contract, and some part of it is finished.
About lli miles of this, is to be covered with stone. From Munfordsville
to Bell’s tavern, no part of the work has been put under contract. This
part of the road embraces a bridge over Green river.

Of the 24 miles from Bell’s tavern to Bowlinggreen, about 224 is under
contract, and li miles, including Barren river, is not under contract. The
contracts here include the making of a stone roadway as far as the work is
let out.

From Bowlinggreen through Franklin to the Tennessee line, 27§ miles,
the grading is all under contract, and all the stone roadway except 6 miles.

The road from Elizabethtown to the Tennessee line, is to be graded 40
feet wide. The stone roadway will be 18 feet wide and 1 foot deep in the
middle. There will be a summer road along the whole distance, from Louis¬
ville to the Tennessee line, except at points where the width of the grade is
necessarily reduced for short distances, upon side hills, &c. From Eliza¬
bethtown to Munfordsville, the road was put under contract last winter.
Between Bell’s tavern and Bowlinggreen, the contracts were made during
the summer, and the work was not commenced until late in the season.

There is no report of this road, except at the crossing of the Green river,
at Munfordsville, where the ascents and descents, exceeds two degrees, ora
rise or fall of one foot in 28 and six tenths feet; and there is but a small
portion of the road, where the inclination is as great as this.

The work upon the part of the road between Louisville and Elizabeth¬
town, has not been prosecuted with a very large force. Some of the con¬
tracts which were made last spring, or in the early part of summer, have
been prosecuted with more energy than the older ones, and the work upon
these, is generally well done, as is also the work upon the old contracts,

That which had been done

termine the cost of the bridge
;GO,OOU, without the embank-
not under contract, between
to cost about $5000 per

■k has been prosecuted
well advanc-

done during the past season
,t so well executed,
calculation has been made to
It is estimated to cost abou
irmation of the stone roadw.i
, a d Louisville, Mr. Eastin estimate.

and Munford.sville, the wor
The grading, is, generally, pretty

.- re d on the part ol the road, where a

t on. The work upon this part of the road, so
Ued. All the contracts now m progress, can be
■ided, before the close c. ,

, with the exception

; to be put under contract on t.._ —

bv the report ol the P.*

u _ation will be made for a separate^-

timated bv Mr. Eastin to cost a .

The work has been commencec
Bell’s tavern and Bowlinggreen.
evading is commenced upon a good
as it has progressed, is generally a
putting the one and a hall miles, n
Upon that part of the road be
line, the greater part ot the grubbi
upon the grading and culverts.

Most of the country over wlucf
Muldrow’s hill, in Hardin county,
the formation of a road. There a
mostly dry. A good deal of it w<
part of the year, without a govern
The parts of the road which h
I were surveyed and located by He
service of the State.

ESTIMATED

I Cost of the finished part from Lo

Estimated cost of finished road in Hardin county,

Estimated cost of work under contract between
Louisville and the mouth ot Salt river,

Estimated cost of work under contract between

the mouth of Salt river and Elizabeth town, -
Estimated cost of work under contract between
TOLabfithtown and Bell’s tavern, including con-

over San la¬
ments. The
the Salt river

r Between Elizabethtown
■nrith considerable energy*
ed, and a good many stone are prepar
stone covering is to be put
far as it is done, is well execi

completed, if funds are pro v

from Munfordsville to Bed s tavern,
Green river
It appears l

of the year 1S39. The road
‘■-u of the bridge over
_ the 20th of the present month,
t of the President of the turnpike road company,
a sepaiate charter for the bridge. It is es-
about $3S,200.

enced upon most of the contracts between
n. The grubbing is mostly done, and the
good many of the sections. The work so far
fly well done. No time has been fixed loi
les. near Bowlinggreen, under contract,
d between Bowlinggreen and the Tennessee
rubbing is done, and some work has been done

which this line of road passes, from the top ot
untv, to the Tennessee line, is well adapted t
ere are but few streams to cross, and the soil is
it would form a fine road during the greater
jverins of stone.

ch have been let out during the present year,
>v Henrv J. Eastin, a Resident Engineer m the

Amounts brought over, $172,857 01 $64,026 65
Estimated cost of work under contract between

Ball’s tavern and Bowlinggreen, - - 115,314 12

Estimated cost of work under contract between

Bowlinggreen and the Tennessee line, 119,024 74

Estimated cost of work under contract, ... 507,195 90

Estimated cost of work finished and under contract from
Louisville to the Tennessee line, not including contin-
gences on unfinished work, - 571,222 55

Add for superintendence and contingences for the un¬
finished part of the road, not including the part from
Elizabethtown to Munfordsville, - - - - 19,110 91

Estimated cost including contingences, - $590,333 46

Estimated cost of work not under contract be¬
tween Louisville and Sail river, including the
Salt river bridge, ($60,000,) - $109,410 00

Estimated cost of work not under contract be¬
tween the mouth of Salt river and Elizabeth¬
town, 3,010 00

Estimated cost of the work not under contract
between Elizabethtown and Bell’s tavern, in¬
cluding $38,200, for a bridge over Green river, 196,560 76
Estimated cost of work not under contract be¬
tween Bell’s tavern and Bowlinggreen, inclu¬
ding a new bridge over Barren river, and an
embankment across the bottom, - - 43,319 60

Estimated cost of work not under contract be¬
tween Bowlinggreen and the Tennessee line, 21,351 00

Estimated cost of work not under contract, in¬
cluding the bridges over Salt, Green and Barren

rivers, exclusive of contingences, - - - 373,651 36

Add for contingences and superintendence, - - 18,682 56

Estimated cost including contingences. ... 392,333 92

The bridge over the mouth of Salt river is esti¬
mated to cost, ------ 60,000 00

The bridge over the Green river, ... 3S,200 00

The bridge over Barren river, including the em¬
bankment across the bottom, is estimated to

cost, 36,217 85

- 134,417 85

The estimated cost of the work not under con¬
tract, exclusive of bridges, will be - $257,916 07

The old bridge over Barren river has been rebuilt since the road was lo¬
cated, and an embankment across the bottom partly made. The proposition
submitted to the Board at a former meeting, to change the line of the road,

nass over this, not having been finally acted upon, it is uncertain
S °hether P the cost of the new bridge should be embraced in the cost of the
h i nr not As it is represented that separate charters will be applied for,
"Tier two large bridges, their estimated cost, together with the Lar-
for the ^ d J; 0 i ^§ )wn separately from the other work.

from Louisville, via Bardstown, Glasgow and Scotlsville,
4 TrLnrssee line. —This road is finished from Louisville to Bardstown,

on miles The first 10 miles next to Louisville, belongs exclusively to an
oa nines. 9Q rm the stock is owned, one

the acroren-ate cost ot winen is ^ ^ ' JL --- --°

i irfdSw i? $200,693 S3, or about $6,920 50 per mile.

ifom Bardslown to Glasgow, 67 miles, all the work necessary to complete
the road except the stone roadway upon 31 miles, is under contract, and in
rLreV The road is graded so that the ascents and descents will not, in
P f nLce exceed two degrees, The width of the road bed, except along
steep side’ hills, in deep cuts, and upon high embankments, is 40 feet. L pon
one side of this, a stone roadway, 15 feet wide, consisting of a pavement,
l nt' nnnical shaped stone, 8 inches deep, covered with finely bioken
3^! ° f the depth of 4 inches, is laid. The other side is fitted for a summer
foai to ustf£ summer, or when the ground is dry. Where the road is
not graded wide enough for a summer road, the stone roadway is made 18
feet wide The road is well drained, by good ditches and -culverts. The e
are fourteen bridges upon this part of the road. T hey will cost, wben fin-
, , , i nt ci«5 000 The bridge over Green river has one span of 200
Z ' ThTl.wflimbo”f the^upersttucta™,.™ 52 fee. above the
water The masonry of this bridge is nearly finished : the superstructure is
mvtl v framed The bridge over the Rolling Fork, has one span ol 1 / 6 feet.
SttTLJi of «S superstructure are about 31 bet above the low
water It is nearly finished. The bridge over the Beach Fork, near Baids-
town ’has one span of 200 feet. The bottom timbers of the superstructuie
S about 43 feet above the low water. The abutments are finished o
nearly so. The superstructure is framed, and paitly put up. l hese a
strong and substantial bridges. The contractors, Messrs. Morehead and
Carothers, are entitled to credit for the faithful execution of then work, so

f “ r F™ GlaSnSo Tennessee line, 36 miles, the worls necessarvto
complete the mad, ercept one bridge, and the stone. roadway "pon 31 ante,
is under contract and in progress. The grubbing is done, 01 neaiij so, on
of the Lance. The .grading is -fenced on a good
many of the sections, and upon some it is near y ^ishg- Tho maximum

ascent or descent, upon this part ol the load, ne 'a qs 6 10_-

and Glasgow, does not exceed two degrees, or about one foot in 28 6-1U
The width will be 35 feet, except along side lulls, or in deep cuts nn_ H- •
The stone roadway will be laid in the same manner as that upon the pm t ot

the road between Bardstown and Glasgow; but it wll L?fil°t£n bridles
The summer road will be seven fee. narrower Ttoe^.e fomteen brnlges
upon this part of the road, estimated to cost >,?ol, * • . ■- rp.

Big Barren river will be the largest. It has one span erf 1l'**«; • 1
height of the lower timbers of the superstructure will be 34 feet above
13 [App. to S. J.]

low water. But little progress has as yet been made towards its construe-
tion. The bridge over Skegg’s creek will have one span of 100 feet: that
over Peters’ creek 75 feet: the one over Big Tramel, 60 feet. The other
bridges will be smaller. A T o work has been done at the bridges over Skegg’s
or Peters’ creeks, and but little upon any of the other smaller ones.

The work upon that part of the road between Bardstown and Glasgow,
has been prosecuted, during the past season, with great energy. Between
Glasgow and the Tennessee line, it was begun at a later period, and has not
been prosecuted with so large a force, in proportion to the length of the road.
The work now under contract upon the whole road, could perhaps be finish¬
ed by the close of the year 1S39, if funds were provided early enough to
warrant the employment of a large force in the early part of the season.

. ' . ' i

ESTIMATED COST OF THE ROAD.

Work under contract from Bardstown to Glasgow,

including bridges, ... $321,000 00

Work under contract from Glasgow to the Tennes¬
see line, including bridges, - - 129,117 00

-$450,117 00

Estimated cost of work under contract between
Bardstown and Glasgow, consisting of 31 miles of
stone roadway, ... 125,003 00

Work not under contract between Glasgow and the
Tennessee line, consisting of 31 miles of stone
roadway, and not including Skegg’s creek bridge, 92,000 00

-217,000 O0

Estimated cost of the road from Bardstown to the
Tennessee line, complete with bridges and a stone

roadway along the whole distance, - - 667,117 39

Cost of the 29 miles of road between Louisville and

Bardstown, - 200,693 83

Estimated cost of the road from Louisville, via
Bardstown, &c. to the Tennessee line, exclusive of
the 10 miles next to Louisville, and exclusive of
the cost of superintendence and contingent ex¬
penses between Bardstown and the Tennessee line, $S67,S10 83

This estimate embraces the cost of a stone roadway along the whole dis¬
tance, including the part which is not under contract. There are portions
of the line upon which the soil is gravelly, and dry, where a road would be
good during the greater part of the year, without a stone covering, There
is a good deal of this dry gravelly soil, between Green river and Glasgow,
and also between the latter place and the Tennessee line. The road could
be made along the dry ground, and used for a time, without a covering of
stone. It could be covered when the increased travel should require it.

In the reports of the presidents of the companies upon this line of road,
no allowance appears to have been made for contingent expenses. Five per
cent, upon the estimated cost of the.road from Bardstown to the Tennessee
line, viz ; $667,117—would be $33,355. This sum would probably cover

the expenses of superintendence, and any extra work not embraced in the-

l^ce 3 SaW £

EaS e? IS dsSlhe SSSS 1

SS Bowlinggreen and Scottsville, to the 1 ennessee hne.

., 7 frnm T im-hnillc to Frankfort .—The whole of this road is

Turnpike roac f ^ . mil6g of it ;. p n the Louisville end, belongs cx-

duSlyS an incorporated company. Of the remaining 32 miles, the stock

belongs one I^Sracted, and it can never be kept in good repair,

roa l:! r S dSes neissary for draining it, are made. The cost
untd the c f to p s received during the present year, and the ex-

TiVa“ Idr as reports have been made, are shewn in the sche¬
dule marked A.

in ■/ ,-/W from HarcLinsville, via Lawrenceburg, Harrodsburg, Dan-
Turnpike road inmumainsvi ,v wh<)1 h of this road is

a t; TSnldinlnd Anderson counties, it is finished, with the ex-
611 miles. In Mercer county there is 19§ miles finished, and 5$

ception of a few. , d N report h as been received from

^ of *• mud,‘however, i» .hat county, ,
k ‘Tte unfits can all be completed next season, and probably be

i amount expended, tolls, &c. &c.—see schedule A.

Turnpike road from Bardstoum to Springfield.—' This road is

f & —ssg

| fompataS350- VZ amount paid, cos, of the road, &c.-see schedule A.

Frankfort, Ter,allies and Lexington Turnpike ™od.--Tliis road « fin¬
ished and in 'use, and tolls are collected upon the whole of rL Ktojtoffl
in good order during the summer. No report has been made this >e
the amount of tolls, the expenses ol repairs, oi the cost ol the

Versailles and Anderson Turnpike road .—This load L finished, or u
contract from Versailles to the Kentucky river, 6^ miles. Oi this, 5 miles

* By a statement from trie President of the Board of Internal Improvement for L.i,. oly county*
received since the date of the above report, it appears that there is of the Hard.n.v . le and C ab
Orchard road, in that county, 21 1-10 miles, of which about 18* miles ts finished, and he: balance
under contract and not finished. There has been of tolls collected w.thtn Ore year, $1,149 ^
Expenses of repairs, gate keepers,&c. up to the 30th Nov. last, £663 364. For the cost of the road,
&c. &c.—8 qg schedule A.

is reported finished, and 1^ miles under contract and not finished. i\o part
of the road on the west side of the Kentucky river is authorized to be put
under contract. For the estimated cost, amount paid, &c. see schedule A.

Turnpike road from Lexington, via Harrodsburg, to Perryville.— The
whole length oi this road is 421' miles. There is, finished, about ~0 miles -
6 miles of this is on the Lexington end of the road. The balance of the 20
miles is in pieces of less than 5 miles each. There is about 10 miles under
contract and not finished, about 4 miles oi which is graded. I here is about

river bridge, not under contract. The
cost $6,000 per mile, exclu-
estimated to cost
■ the Kentucky river
r, at least $50,-
to be too low. There
and none expended for repairs. For
see schedule A,

12j miles, including the Kentucky
superintendent of the road estimates this part to
sive of bridges; and the bridge over the Kentucky river is
$24,000. It will probably cost, to build a bridge over
high enough not to interfere with the navigation of the river
000. The estimates of the other bridges appear to me to be t
has been no money received for tolls, a

the estimated cost of the road ; amount expended, &c. &c.—i

Danville, Lancaster and Nicholasville Turnpike road. —This road is all
finished or under contract. From Lexington to the Kentucky river, except
a small piece near the bridge, it is finished. From the bridge to Evansville,
the road is not all graded : from Evansville to Danville, it is finished, except
the bridge over Dick’s river, and this is nearly done. From Lancaster, the
road is all finished to its junction with the Danville branch. The abutments
of the bridge over the Kentucky river are built, and the frame of the super¬
structure is put up, but not covered; and the floors are not laid. '1 he re¬
port of the president of the turnpike road company states, that it will be
put in a condition for the travel to pass over during the present winter; but
as funds are not provided, it will not be finished. The report states that the
whole road, although not finished, will be in a condition to be used by the
first of January next. This road is graded 30 feet wide. The stone road-
wav is IS feet wide : the stones for McAdamizing are broken, or are intend¬
ed to be broken, so as not to exceed six ounces in weight; and they were
laid on, upon a part of the road, 9 inches deep, and 10 inches upon the part
which was last made,

The bridge over the Kentucky river is a little more than 70 feet high,
above low water. It has one span of about 240 feet. The abutments are
constructed of undressed stone. The one on the north side ol the river, is
pretty well built; the one on the south side, is not so good ; the stones are
large, but not so well laid. The work upon the superstructure, so far as it
has progressed, is well done ; and if what remains to be done is executed in
the same manner, the bridge will be a very superior one.

.» i i n r n .. _

bv the company, of the cost of the road, the tolls collected, or of the ex¬
penses of repairs *

3 ri Tp-rino-ftm road. — The whole length of the road will be

Richmond ^/Lexiimton to the Kentucky river, about 15 miles, it is
25 5 mile*- he ve are 5 mil f s 011 the west side of the river under contract and

not finished, and about ^ rnl ^ b Nearly fini°shed. Ct ’For the cost of the road;
t ^n*^S^chedu,e A. The estimated cost of

repairs for the “Ttheroad dots' not include the cost of a bridge over the
_ The estima expense of building one, high enough not to obstruct

Kentucky* e. riv P erj wou ld be from forty to fifty thousand dollars.

ThisXuld be added to the estimated cost of the road as given in the le-
port.

miles. It has e LTckin| mer shouVbeTeptiliTwkL or

bridge over the Ll o 1 (J M aiersburg, should also be repaired.—

two small bridges b^ween w * e bad l y built. They have

^n forced out by the pressure of the earth against them, so that they lean

b nnSc ab v They are prevented from falling, by ties and props of
over, consideiaoiy. l y ) . direction of the Board of

S3 Rfife

"'^''""^ftiSrccSed from the 1st of October 1S37, to the 1st of
OeltS!16-equa! .o *454 95 per mite,
of MO* t schedi A. The

* broken stone were laid down 20 feet wide and 9 inches deep. Where the
> road is well drained and kept dry, it wears well; but where it is not drained
-by culverts and ditches, heavy wagons cut through the stone covering.

Lexington, Georgetown and Covington Turnpike road. —This load is fin¬
ished and in use from Lexington to Georgetown, 12 miles ; from Georgetown
to Florence, about 59 miles, it is not located; from Florence to Covington,
about 10 miles, it is finished, or nearly so. No report has been made of the
cost of this part of the road, or of the tolls, &c., for the present year.

The road from Georgetown to Lexington is well made, and has been kept
in good order. There has been received within the year, for tolls, $5,634 (JO
—equal to $469 50 per mile. The amount paid for repairs is about $3,500
—equal to about $291 66 per mile. For the cost ol this part of the road,
&c. &c.—see schedule A.

As no report has been made from the Covington end of the road, the
amounts in the schedule are taken from former reports, or from other sour¬
ces of information. The part of the Toad not under contract, has not been
located; the estimate is predicated upon a comparison with the known cost
of other roads, over a similar country.

Turnpike road from Frankfort via Georgetown to the Bourbon County
line. —This road is finished from its intersection with the Frankfort and
Versailles road to Georgetown, about 16 miles; and there is about half a
mile beyond Georgetown, under contract and not finished. This halt mile
includes a bridge over North Elkhorn creek ; this is partly built. No report
has been made from the part of this road in Scott county.*

A little more than 6 miles of this road is in Franklin county. Upon this
there has been collected, of tolls, within the year, $2,204 00 ; and the
amount paid for repairs is $820 00 ; expenses for gate keeper, $284.

This road has been kept in pretty good repair during the year. It is now
in good order. For the cost of the Franklin part of the road, see schedule A.

Maysville and Mountsterling Turnpike road. —The whole length of the
road is estimated at 51 miles. Of this, 9 miles is finished ; nearly IS miles
is under contract and not finished; and a little more than 24 miles is not un¬
der contract. From Maysville to Flemingsburg, the road is under contract
and partly finished. Five miles between Sherbourne Mills and Sharpsburg,
is under contract, and some part of it is finished ; and there is five miles un¬
der contract between Sharpsburg and Mountsterling. There is between
Mountsterling and Sharpsburg, about 5 miles not under contract, and a little
more than 5 miles between Sharpsburg and Sherbourne Mills. From Sher-
bourne Mills to Flemingsburg, the distance is between 13 and 14 miles.—
This is not under contract.

Of the road under contract, 6 miles is reported to have been graded, 4 of

* By a statement received since the date of the above report, it appears that there is, within Scott
county, about 10 miles of the Frankfort and Georgetown road finished, and about 1 mile under con¬
tract and not finished. There is about 8 miles not under contract. The amount of tolls and cost of
repairs are not given. The grade of the road is 30 feet wide; stone roadway 18 feet wide, and 9
Inches deep. For cost of road, &c* &c.—see schedule A.

- A with stone The grading on about 5 miles is about one

which is e C0V ^ e d ba iance is commenfed, and the work is under way.

hah done. ovimined this road in October. The work, so fai as it

The undersigned exam ned tin oact maximurn r des are 21 de-

upon the McAdan, plan. H is IS fee. wide,

12 indies deep m the j lu | h^been no money expended for

0^1 part ofttd.tet- States that the collection of tolls

CStt pS»te d dupo“ aTml

schedule A.

S^oltatftVLte No pan of this road is finished. There :»

SS^ch was

puf under contract in 1837^ The work, as stated in the report, is pi ogress

mg ForThe V e e stimatid cost of the road, work done, or amount paid, &c.-see
schedule A.

Owingsville and Big Sandy Turnpike W.-About 37 mile s.of to road

l0 'Th/road which is finished and under contract, is in three parts. Next to

t ""‘ailoto milesextending the mouth of Big Sandy river, about
ab«t 7S miles The new road, so far as made, passes through d.s.nSn of

wagons. As there are no bridges upon the old road, all tiavel

^'I’hereis a a '»clI^^^l U of , his rou'te during the summer and^au-

tumn. If the portion of the road which is not under c0 “ ?°f'J£state
structed, it would be of great advantage to the northern section ol the btate

■1

ESTIMATED COST OE TIIE ROAD*

Work finished and under contract, between Ow-
ingsville and the mouth of Big Sandy, including
four bridges which are not under contract, but
which are required to complete this part of the
road, ($10,550,) -

Estimated cost of the road not under contract, ex¬
clusive of the four bridges abovementioned,

38 i- miles,.

Estimated cost of the whole road,

The amount paid for work done, is - -

Amount required to pay lor the work finished and
under contract, about -

Add for the four bridges not under contract, on
the part of the road which is finished or in pro¬
gress, -

$116,535 00

90,S50 00

207,385 00
87,649 82

$19,041 01)

10,550 00

Required amount to complete the 40 miles of road,

This road, so far as it has been made, is well located, and the work is gen¬
erally well executed.

Bridge over the Rolling Fork of Salt river, at Newmarket; and Turnpike
road thence over Muldrow's Hill.- This bridge will have one span of loO leet.
Its height above the low water of the river will be 28 feet, i he abutments
will be°built of coursed rubble masonry, laid in common lime mortar. The
superstructure will be built upon the Burr plan, and similar to the bridges
upon the road from Louisville, through Bardstown, &c., to the Tennessee

llD gy a n order of the Board, of the 29th of June, proposals were invited, by
public advertisement, for building this bridge. At a meeting of the Board
at. Bowlinggreen, on the 24th of August, the proposals were examined, and
the contract was awarded to Morehead & Carothers. The bridge will cost,
at the contract prices, about $12,500. It is to he finished in 1839. The
work was commenced about the middle of November.

The road, from the bridge, across the bottom, and over Muidrow s rlill,
is 4.61 miles long. The estimated cost, including allowan¬
ces made under the several acts of the Legislature, to L'oug-

lass & Knott, is rnfi rn

Estimated cost of bridge, as above, - - * w

Estimated cost of road and bridge, - 44,993 SS

Two and a quarter miles of this road is finished, and lias been in use foi
some time. The balance is nearly finished.

There has been paid to Douglass & Knott, including allowance

under the several acts of Assembly, -

Paid to Sanders & Singleton, up to 10th Oct. - - - ^

Estimated cost of road and bridge,

Whole amount paid,

$26,367 13

urnpike roads .—The 6th section of the act, entitled, an act
e for the Internal Improvement of the State, approved heb.
•ides “That it shall be the duty of the Board of Interna Im-
lopt the best and most economical mode of keeping the turn-
pair : to furnish the companies respectively with the plan ;
f Internal Improvement shall require the 1 urnpike road com-
ike contracts for the repairs of the same, against the advice
said board ; who are hereby authorized, in all cases b} them
to cause an Engineer to superintend said repair ; and to en-
to discharge the duties herein specified, they aie heieby au¬
ctions of President, and directors or managers of the turn,
anies respectively, to vote the stock of the State,
e with this provision of the law, an order was made on the
directing the Chief Engineer to prepare plans and direct.ons
of turnpike roads, and report them at the next meeting
heir approval. _ _

[App. toS. J-]

At the next meeting, a plan embracing forms of contracts was submitted, H
and approved. These forms were printed, and a copy of each was sent by
the Secretary of the Board of Internal Improvement, to the President or
superintendent of each turnpike road company. Copies of the plans and
contracts are herewith communicated.

The plan has not generally been adopted. On some of the roads, con¬
tracts had been made for repairs prior to its adoption. On other roads it
was objected to, on account of the difficulty of procuring faithful superin¬
tendents, and for other reasons.

The plan which has generally been adopted for repairing the turnpike
roads in this State, has been to make contracts with individuals to quarry and
break stones and put them upon the road, for a specified price per rod, (the
rod is generally understood to contain S2j cubic feet). They are generally
required to put on the stone at such points and in such quantities as the
managers or superintendents of the road direct. Under this arrangement,
the interest of the contractor is promoted, by procuring such rock as can be
most easily broken. This is frequently soft and not well adapted to form a
hard road. The broken stone should be put upon the road when the ground
is wet and soft, and when it -would effect the most good ; but the contractor
in most cases consults his own convenience as to the time of putting it on,
and it is frequently done during the dry weather of summer, when the road I
surface is hard, and when the newly laid stone will form no connection with
the old. In most cases, no provision is made to rake and keep this new
stone covering smooth and even, until it is trodden down, and becomes con¬
nected with the old surface. There is, generally, no provision made for form¬
ing and clearing out ditches or culverts, and very little attention is devoted
to draining off the water, without which no road can be kept in good
order.

In the plan adopted by the board, it is proposed to have a superintendent
upon each road, whose duty it shall be to employ workmen, if necessary,
to put the road in good order, by making ditches, drains and culverts,
and doing -whatever else may be required to form a good road. He
is then to make contracts with persons to furnish stone and to break it, for
which they are to be paid by the perch or other measure : he is to make con¬
tracts with other persons to put on the broken stone, clear out the drains
and ditches, and make all the ordinary repairs to the road, for a fixed
price, by the mile, for a year or other specified time. The road is to be kept
in good order, and delivered up at the end of the year, or other specified
time, in as good condition, except the ordinary wear, as it was when it was
placed under the supervision of such contractor.

Under this arrangement, it will be for the interest of the contractor, who
makes the repairs, always to keep the road well drained and the surface
even, so that carriages may pass all over it. When a rut begins to form, he
can fill it up with less labor than will be required to repair the damage after
the stone covering is cut through.

The mill, at Louisville, purchased for manufacturing hydraulic lime, has
been in operation during the whole season, except when it was necessarily
suspended for making repairs. A contract was made in February last, with
John Hulme, Esq., to manufacture from five to ten thousand barrels, at the
Tarrascon mills. Upwards of five thousand barrels have been manufactured
under this contract. The price for grinding, storing and shipping the lime,

r this contract (the lime being burnt and barrels furnished by the State,)
cents. The cost bv the barrel, at the Commonwealth’s mill, including
ds and all expenses except the cost of the mill, is $1 65 per barrel.—
c is now hydraulic lime enough manufactured, to furnish the works upon
n and Barren rivers, and also those upon the Kentucky river; and sev-
thousand barrels for the Licking river navigation.

All which is respecfully submitted.

SYLVESTER WELCH,

Chief Engineer of Kentucky.

DIRECTIONS FOR REPAIRING TURNPIKE ROADS.

The following plan for reparing and superintending the turnpike roads in
which the State has an interest, is respectfully submitted for the approval
of the Board of Internal Improvement.

OI 1 SYLVESTER WELCH,

, Chief Engineer of Kentucky.

1st. That the Board of Managers or Directors of each turnpike road com¬
pany, appoint one or more efficient Superintendents, whose duty it shall be,
to direct and superintend all the work necessary for the repairing of the road,
or division of road, under his superintendence: and to make all contracts
for labor and for the delivery of materials: to measuie the woik i\hen ad¬
measurement is required, and to make estimates of its value under the terms
of the contract. The Superintendent to be bound by his agreement with
the turnpike road company, to perform the several duties set foith theiein,
in a manner satisfactory ‘to the Board of Managers or Directors, and in
compliance with the written instructions Irom time to time gi\en, of the
State Engineer.

2d. It shall be the duty of the Superintendent to employ, with as little
delay as practicable, competent foremen and as many laborers as may be
required to build the culverts and to lorm the drains and ditches necessaiy
to drain the road: to fill up the ruts and to level the surface of the load way,
so as to put it in order for summer travel. The foreman and laborers to
work under the immediate direction of the Superintendent, and to be paid
by him, or by the Treasurer, out of the funds ot the turnpike road company,

100

as practicable, and the largest of which, shall not exceed five ounces in
weight. The stones when broken, to be left in piles of the form and di
mensions specified in the contract, or which inav be directed by the Super"
mtendent. No stone should be placed or broken on the graded bed of the
rocid.

4th. It shall be the duty of the Superintendent, to make contracts with
individuals, not concerned in the breaking of the stone, to repair the road by
putting on new materials wherever they may be required for ordinary re¬
pairs, to fill up ruts as soon as carriages begin to form them, and to rake and
level the suifaceof the road, and to keep it at all times smooth and even
so that wheels may pass with equal facility over all parts of it: and to keen
the ditches, drains and culverts, clean and free from obstruction, and in a
condition to pass off the water.

The contract should specify the particular kind of work to be done: the
time and manner of doing it: the price by the rod, pole or mile, for ma¬
king the_ordinary repairs one year; the time and manner of making pav-
ment. They should, also, specify a certain sum which the contractor should
forfeit to the company, in the event of neglect on his part, to comply with
the conditions of his contract.

5th. When the stone covering of any portion of the road becomes worn
so as to be two weak to sustain the travel, it shall be the duty of the Super¬
intendent to make a separate contract with the contractor, for makino-ordi-
naiy lepaiis, oi with some other person,, to put a covering of broken°stone
upon that portion of the road, of such depth and width as he, the Superin¬
tendent may direct, or as the State Engineer may deem necessary. The
broken stone to be put on and leveled, so as to be of a uniform thickness
and raked and kept even and level for one month, after which, it should be
kept in order under the contract for ordinary repairs.

6 th. All the stone used for repairing and covering the road, should be hard
compact limestone, or other strong stone, which will not disintegrate
or crumble to pieces when exposed to the action of the frost and the
weather.

7th. When the work to be executed under any contract, shall have been
finished, or at such other time or times as may be fixed by the agreement
between the contracting parties, it shall be the duty of the Superintendent
to make an estimate, and give to the contractor a certificate, directed to the
treasurer of the turnpike road company, stating the amount and value of
the work done, and the amount, so certified, shall be charged in the books of
the Superintendent, as a debit against the work done. The contractor will
obtain the money due upon his certificate from the Treasurer at his own ex,
pense. In all cases said certificate should be approved by the Board, or its
authorized agent, before the money is paid to the contractor.

At a meeting of the Board of Internal Improvement, on Saturday, 17th
r ebiuary, 1848, present, J

CHILTON ALLAN, President,

JAMES II. SKILES,

ARCHIBALD WOODS.

is ordered, that the Chief Engineer be instructed topre-

mit tl em fnt 10 R 01 ' dl f r ? ctlons , f ° r the repair of turnpike roads, and sub¬
mit them to the Board of Internal Improvement, and if approved of by them,

101

, . , 1P cause copies of the same to be transmitted to the Board of Man-
h -c nr Directors of each turnpike road in which the State has an interest,
So the President, Superintendent or Engineer thereof, requiring them to

C ° And^^a sIlLtqueiU me^Ong of the Board of Internal Improvement, on

Friday, 11th Ma>, T ’ MOREIIEAD, President,

MANLIUS V. THOMSON,

ARCHIBALD WOODS,

JAMES R. SKILES.

c Welch, Esq. the Chief Engineer, submitted to the Board, in obedience
tn -in order of the 17th of February last, a plan for repairing turnpike roads,

which is approved of, and ordered to be printed and distributed.

Copied correctly from the minutes oRLe^Board ofl^ternal Improvement.

Secretary Board of Int.*Imp.

CONTRACTS FOR REPAIRING TURNPIKE ROADS.

A. D.,
of the

Memorandum of an agreement entered into this — day of

one thousand eight hundred and-, by and between the

fiS nit and —_of the second part: Witnesseth, that for, and in

consideration of the covenants and payments hereinafter mentioned, to be

made the said-does hereby agree and engage to accept the appoint-

ment’of Superintendent of the-turnpike Road, and to superintend

Zi manage the repairs of said road, and to do all other things connected
therewith, 0 in the manner hereinafter described, for the term ol un¬

less sooner discharged by order of the ———as hereinafter provided.

It is agreed and understood, that it shall be the duty of the said —

to execute all the orders of the said-- which relate to the repairs or

management of said road; to employ workmen, and direct and supeiintend
the execution of the work, whenever directed to do so by the said ;

to make contracts with individuals to furnish materials, and to perform the
labor necessary for repairing the road, which contracts shall be made in con¬
formity with the directions of the State Engineer, approved by the Board
of Internal Improvement of the State, and in conformity with the oideia o

the-aforesaid: and further, that the said-~T, S ia superintend

the work to be executed under the contracts which he shall make ; be judge
of the work, and make estimates of its amount and value, at such time or
times, as the contract shall prescribe, or as the-■ may direct.

It shall further be the duty of the said-to keep a book or books,

which shall be the property of-, in which, he shall make a record oi

all contracts, and of all the admeasurements of work, certificates given lor
work done, and of such transactions connected with his business, as the said

-shall deem necessary: and the said book or books, shall be deposited,

and kept at such place as the said-may direct.

In consideration of the services so rendered,-agrees to pay to the

said-, as a full compensation for his services and expenses, the sum ot

102

: ; dollars per month, for tile time during which he is actually en<r-

in the superintendence of the road. e '

It is mutually agreed by the parties to this contract, that the said_

shall, at all times, comply with, and execute the orders of_, and

the said- shall have power and authority to dismiss the said_.

at any time, when in the opinion of the said —--lie shall neglect his

ties as Superintendent, or fail to comply with, and execute the orders of
said Board.

In witness whereof, the parties have hereunto set their hands andsi
the day and year above mentioned.

Memorandum of an agreement entered into this - day of_ A D

one thousand eight hundred and-, by and between --of' the

hrst part, by-Superintendent, and authorized agent of said Board

r ,- ol th , e second Part: Witnesseth, that for and in consideration

ot the payments hereinafter mentioned, to be made, the said-herebv

agrees to furnish, quarry and deliver upon the-mile, or_ . 0 'f

1 l e IT at such points, along the side ol the road, as the Superintendent

aforesaid shall designate, --perches of hard, compact limestone, or

other hard strong stone, which shall be of a quality which the said Super-
mtendent may deem suitable for repairing the road. The stone to be de¬
livered, so as to be distributed as nearly equal as may be, along the whole
extent ol the road embraced within this contract, and they are to be laid up
in piles, ol such form as the Superintendent may direct, so that they may be
conveniently and correctly measured.

It is understood that no piles of stone are to be placed, under any circum¬
stances, upon the graded bed of the road, and no obstruction of any kind is
to be placed in the way of travel.

It m further agreed, that, in consideration for the stone so delivered, the
said Loard hereby agrees to pay to the said - the sum of _for

said board hereby agrees to pay to the said

every perch of twenty five cubic feet. The payments to be made in the
following manner: When the stone are delivered and piled up according to
the direction of the Superintendent, he shall examine them, and if he appiove
ol the quality of the stone, and of the manner and place of delivery he
shall measure them, and give the contractor a certificate, stating the amount
and value of the stone so delivered, which certificate, after having been ap-
proved by the said Board, or any person authorized by them, shall be paid
by the treasurer,-when the certificates is nrpspnfprl mirl

103

day of

• A. D., one thou-
of the first part, by

Superintendent, and authorized agent of said Board, and-

cond part: Witnesseth, that for and in consideration of the payments

Memorandum of an agreement made this
sand eight hundred and-by and between the

hereinafter mentioned, to be made, the sa
.Ivina in piles along the road-side b

id •

between the

■agrees to break the stone

m- rock lying in piles t D

The work to be done in the following manner: the number of perches of stone
• a ch pile as delivered, is to be ascertained before the breaking is commenced.
The stone are to be broken into pieces as nearly cubical ns practicable, and the lar-
st of which, shall not exceed in weight, five ounces. The stones when broken,

6 e to be left m long regular piles, whose width shall not exceed --— inches at

bottom. The piles are to be arranged in such manner as the Superintendent
10 direct. And the said Board hereby agree? to pay, in consideration of the work

• cents, tor each and every perch of twenty five

may — e

so to be done, the sum ot

cubic feet, measured and broken as above described.

The payments are to be made in the following manner: when the stone are bro¬
ken and piled up as above required, the Superintendent shall examine them, and if
they are broken and piled in the manner described in this contract, he shall make
an estimate, and give to the contractor a certificate, staling the amount and value
of work done, or stone broken, which certificate, after having been approved by
the said Board, or any person authorized by them, shall be paid by the Treasurer
_when the certificate is delivered, and the balance -.

It is understood and agreed, that no payments shall be made for breaking stone
under this contract, until all the stones in each and every pile or place, shall have
been broken into pieces, the largest of which shall not exceed 5 ounces in weight,
and it shall be the duly of the Superintendent, to reject all piles of broken stones
which contain pieces that weigh more than five ounces. The work to be executed

under this contract, to be commenced on or before the-day ol-and finished

on or before the - day of-.

It is further understood and agreed, that if, in the opinion of the Superintendent,
the contractor neglects to prosecute his work according to the provisions of his con¬
tract, and that the public interest will suffer in consequence of the delay, he shall
state his opinion in writing to the Board, and with their consent, he may declare
the contract forfeited, and proceed to re-let the work, in the same manner as if the
contract so forfeited, had never existed. But the Superintendent shalf estimate
the work already done, and after deducting an amount equal to the damages the
said Board will sustain by the failure to execute the contract, the balance shall be
paid in the same manner as other estimates are paid.

In witness whereof, the parties have hereunto set their hands and seals, the
day and year above mentioned.

Memorandum of an agreement entered into this -day ot- A. D., one

thousand eight hundred and-by' and between the-of the first part, by

-Superintendent, and authorized agent of said Board, and-of the

second part: Witnusseth, that for, and in consideration of the payments herein¬
after mentioned, tolie made, thesaid-agrees to make all the ordinary repairs

upon that part of the-turnpike road, which lies between-.

The work to be done in the following manner, viz: the ditches and culverts arc
to be kept clean and free from obstruction, so that water may run off as it tails,
and not be suffered to collect and stand in pools, either upon the road, or along the
side of it.

The Burface of the roadway is to be kept smooth and even, by filling up the

ter may run off. The broken stone, which will be furnished by the-— for nm-

king the ordinary repairs, may be taken from the piles on the road-side nearest to
the place to be repaired. They are to be put on in all cases, when the road is
wet and soft, whether used for the purpose of filling up ru's, or for raising th 0
low places in Ihc road, and they are to be raked and kept level, until they become
embeded into, and united with the road. It is understood and agreed, that the said

-shall keep as many laborers upon the road during the wet seasons of the

year, as also, at all other times as may be necessary to keep the road in good or¬
der, and that the Superintendent shall have power, if in his opinion the number
of laborers at any one time are not sufficient to do the necessary work, to keep the
road in good order, and prevent permanent injury to any part of it, to order nn

additional number of hands to be employed, and the said -shall employ them

forthwith, and shall engage them at work upon the road, so long as their services
may be deemed necessary.

It is further agreed, that the said-shall deliver up the road, at the expira¬

tion of his contract, in as good order as he received it, except so far as relates to
the uniform wear of the surface, and the general decay of the mechanical work.

And the said-hereby agrees to pay to the said-, in consideration for

the work so done, the sum of-, for each and every lineal rod or pole, em¬

braced within said contract, which sum, shall be regarded as full compensation for
all and every expense incurred by the said-, in repairing said road.

The payments to be made in the following monner: at the expiration of-

months from the dale of this contract, the Superintendent shall examine the road,
and if it is found to be in good order, and the repairs to have been made in the
manner required by this agreement, and the directions for the repairs of turnpike
roads, approved by the State Board of Internal Improvement, he shall give the
contractor a certificate, stating the amount and value of work done, which value

shall be taken at-of the contract price, for the whole time specified in this

contract, and the certificate, after having been approved by the -or other per-

improvement of Rivers for descending navigation , fc,

Locks and Dams, for Steamboat navigation

of the improvement of Rivers, by

the Length, Cost, Sfc., of the several Turnpike Roads in which the State has an interest

STATEMENT Exhibiting

Amount of tolls
per mile, receiv¬
ed rluiiii" the yr.

183d.

Amount expend¬
ed for repairs
during the year
1838.

Amount of tolls on
each road, &c.
during the year

1838.

Amount expended
per mile for re¬
pairs during the
year 1838.

Estimated cost of
each road, river,
improvem’t, &c.
when finished.

Estimated amount
required to con¬
struct the por¬
tion of each road
• or river not un¬
der contract.

Estimated amount
required to finish
each mad, river,
&c. under con¬
tract.

Amount paid by
individuals.

Amount paid by
the ytate up to
Oct. 10, 1838.

Length not under
contract.

Length under con¬
tract and in pro¬
gress.

Length finished,

Length of road or other
improvement.

REMARKS

BY WHOM MANAGED OR SUPERINTENDED,

LINES OF ROAD, RIVER NAVIGATION, &c.

Dollars,

Constructing under the direction of the Louisville Turnpike
Road Company, -

Under the direction of Bardstown and Louisville, and bnius-
town and Green river, and Bardstown,Glasgow,and Scotts-
ville Turnpike Road Companies, -

Under the direction of Boards of Internal Improvement in
Franklin and Shelby counties,

Under the direction of Boards of Internal Improvement in
Franklin, Anderson, Mercer and Lincoln counties.

Under the direction of the Springfield and Bardstown Turn¬
pike Road Company, - - ‘

Under the direction of the Frankfort, Lexington and v ersaille3
Turnpike Road Company, - - "

Under the direction of tne Versailles and Anderson Turnpike
Road Company, - - - - ' „

Under the direction of the Lexington, Harrodsburg and 1 err} -
ville Turnpike Road Company, -

and Nicholas-

Sloning and bridge not under contract.

Turnpike road from Louisville, via Shelbyville, to 1' ranktort—fa not.
miles on the Louisville end belongs exclusively to a compan}

Turnpike road front Ilardinsville, via Lawrence, Ilanodsbuig, and
to the Crab Orchard, -

Turnpike road from Bardstown to Springfield,

Turnpike road from Frankfort, via A ersailles, to Lexington,

Turnpike road from Versailles to the Kentucky river,

Turnpike road from Lexington, via Harrodsburg, to Perryville,

Turnpike road from Lexington, via Nicholasville and the mouth
nitUi creek, to Dim ville urul Luflcastei,

Turnpike road from Lexington to Winchester, -

Turnpike road from Lexington to Richmond,

Turnpike road front Lexington to Maysville,

Turnpike road from Lexington, via Georgetown, to Covington,

Turnpike road from Frankfort, via Georgetown, to the Bourbc
line, -

Turnpike road from Mountsterling, via Flemingsburg, to Maysvilte,

Turnpike road front Maysville to Germantown, -

Turnpike road from Owingsville to the mouth of Big Sandy river,

No full return. Toll only reported for
Franklin and Lincoln counties.

Including bridge over Kentucky river

Including bridge over Kentucky river.

Under the direction of the Danville, Lai
ville Turnpike Road Company, -
Under the direction of the Winchester
pike Road Company,

Under the direction of the Richmond
pike Road Company,

Under the direction of the Maysville,A
Lexington Turnpike Road Company
Under the direction of the Covington an
Road Company, -

Under the direction of Boards of Internal Improvement in
Franklin and Scott counties, - - - "

Under the direction of the Maysville and Mountsterling 1 urn-
pike Road Company, - - - '

Under the direction of the Maysville and Bracken 1 urnpike
Road Company, - - - * ‘

Under the direction of the Owingsville and Big Sandy Turn¬
pike Road Company, -

Exclusive of bridge over Ken. river.

Report from Franklin county only re¬
lative to tolls.

Including Licking river, and other
bridges.

n county

Exclusive of Licking river bridge.

Including width of Rolling Fork.
Improvements in the road.

e road from the Rolling Fork, at Newmarket, over Muldrow’s

Under the direction of the State Board Internal Improvement,
Under the direction of the State Board Internal Improvement,
Under the direction of the State Board Internal Improvement,
Under the direction of the State Board Internal Improvement,
Under the direction of the State Board Internal Improvement,
Under the direction of the State Board Internal Improvement,
Green river Commissioners, -

Slate Board of Internal Improvement,

State Board of Internal Improvement,

Lexington and Ohio Railroad Company,

State road from Mountsterling to the Virginia line,

Road from Pikeville to the Sounding Gap,

the mouth of Troublesome creek to the Sounding Gap,

Road from
Kentucky river navigation,

Licking river navigation, -
Green and Barron river navigation,

Cumberland river,

Goose creek and the South Fork of Kentucky river,

Lexington and Ohio Railroad,

Green river Railroad,

Crab Orchard and Cumberland Gap road,

Removing fish dams, &c. in the Kentucky river and its tributarie:
Hydraulic lime, -
Surveys, -

Salaries of Engineers and Secretary,

General Expenses,

Unexpended balance in hands of Engineers,

Part of this amount has been expend¬
ed on the tributaries of these rivers,

State Board of Internal Improvement,
State Board of Internal Improvement,

Distributed among the Kentucky,
Green, Barren, and Licking river
navigations.

. • t u-ftbon ctnnp find it is to bo so rnad6, that car* i..

nns and other depressions w parts f (he stone surface. The sum-

riages may pass w.th , he slone r0 ad-way, is to be I

by leve,UnS)S0a8

" S^of^nmer I

stone >oad-way a htj e hig to. which will be furnished by the -for ma¬
ter may run off. i he biolten l.om the piles on the road-side nearest to

k-ng the ordinary repairs, £» J *** all cases, when the road is I

the place to be repaired. A hey . or ( 01 » raisin^ the (

wet and soft, whether used for tbe ! P u a P “b e d aS ke°p t Lvel, until they become O
low places in the road, and l tey are o ■ j g un d era t 0 od and agreed, that the said
embeded into, and united with t ie i < • during the wet seasons of the

-shall keep as many laborers upon the' eg lhe road in good or .

year, as also, at all other times as m' y ;f ; n his opinion the number gt

der, and that the Superintenden ^ thg necessary work, to keep the 9

of laborers at any one lime ate n iniurv to any part of it, to order an

road in good order, and prevent P ei , -V.id the said-- shall employ them

additional number ot hands to be emp y , ■ i on g as their services

forthwith, and shall engage them at work upon the toad,

may be deemed necessary. stiver un the road, at the expire-

It is further agreed, that the said shall dci.ter^p ^ fa » relates t0 ,

tion of his contract, in as good o'd^as ^ dg ’ of the mec hanical work. |

the uniform wear of the surface, and g _ . consideration for

And ,h. said-- hereby agrees » P-J » lin U, red or pel.,

the work so done, the sum of » , ,, . regarde d as full compensation for |

braced within said contract, which sha“ be regar ng ^ j

all and every expense incut re y f ■ monner: a t the expiration of- I

The payments to be made in the fo of. nP rintendent shall examine the road, I

months from the dale of thts contrac , th £ repa i rs to have been made in the |

and if ins found to be in good order ’ the dire ctions for the repairs of turnpike |

manner required by this agreement, Improvement, he shall give the j

roads, approved by the State Board1 o ln * e, °^ P of wor k done, which value .
contractor a certificate, stating e a - ce f or the whole time specified in this

shall bo taken at--- of the contra p ’ pd bv the -or other per-

contract, and the certificate, af, ‘r rb ^' n “ e d b 1 thc Treasurer —-- when the j

son authorized by the said |3oard, shall be paid oy tnc

certificate is delivered, and the balance • f the Superintendent,

It is further understood and agreed, that if, inthe opim . . ‘ of hiscon . |

the contractor neglects to prosecute his work accordmg U^the p he >h#ll ;

tract, and that the public interest wdl suffer^ con. eque rf ^ ^ he ,

state his opinion in writing ( * ‘ 1 ’ nrf , e( i to re-let the work, in the same j

may declare the contract lor felled, and But lhe Superintend.,!

manner as if the contract so f 1 * lled ’ ha h ; of SU ch forfeiture,) and after de-
shall estima'e the work already done, (at _ wi „ sus{ain by the failure to

sarMsi *&.*»•* ^ - *.——«•- ° ihet *

b “ a '” d ““ ls ’

,t.v onrt vear above mentioned.

Green and Barren River Navigation

Frankfort, 29th Nov. 1838.

Bames T. Morf.head, Esq.,

President of Board of Internal Improvement:

Ide 4 r Sir:—I have the honor, herewith, to submit the report of A. Liver-
more, Esq., Resident Engineer, upon the line of public works on Green and
Barren rivers, and the account current of the Board which has charge of

S iat work. , . ,

For the present condition of the locks and dams, and the removal ot ob~
ruction's from the pools, you are respectfully referred to the first; for the

No. 1, Green river, can be completed during the year 1839, with a favor¬
able season and great energy. From this dam to the Ohio, the channel
has been cleared of snags and the banks of stooping trees.

The same work has been effected, to a considerable extent, on the pools
extending from No. 1 to No. 2, arid from No. 2 to No. 3. The chopping
on pools three and four is not yet completed, and some blasting remains yet
to be done above No. 4, on the Green river branch.

Upon all of these pools there will be new obstructions formed for a few
years, for the removal of which, provision must be made from time to time;
and it is not improbable, that during the next year the Board will adopt the
plan of removing the timber from the banks, as the most effectual and. eco¬
nomical mode of getting over the difficulty.

From the report of the secretary of the Board, you will perceive that
$146,257 16 have been expended during the year ending 22d instant; and
that $21S,429 51 have been previously expended by this Board. Total ex¬
penditure upon five works, and intermediate pools, $364,6S6 67. Add to
this $20,927 52 paid for the Board of Internal Improvement for works not
under the charge of this Board, and $23,605 43 still on hand, and you have
$409,219 62, the total amount received by this Board from all sources, (in¬
cluding $46 62 received for boat stores sold,) since the commencement of
this work. This line of works is, however, chargeable with $2,701 15, paid
by the Board of Internal Improvement for the transportation of water lime,
&c., which explains the discrepancy between the amount received by this
Board and that charged to the Green and Barren river navigation, by the
Board of Internal Improvement. All of which is respectfully submitted, by
order of the Board.

JAS. R. SKILES, P. B. G. $ B. R. Com’rs -

Engineer’s Report on Green and Barren River Navigation -

Bowlinggreen, \

Nov. 20, 1838. y.

To James R. Skiles, Esq., President

of the Board of Green and Barren River Commissioners:

Sir: —In compliance with your request I have the honor to report the pre¬
sent state of the improvements, now being constructed, upon the Green and
Barren rivers, under the charge of the Board of Commissioners over whom
you preside.

The season past has been unusually dry since the fore part of August.
The streams therefore have been at a very low stage, affording great facil¬
ities for building the locks and dams, since that time up to the present.

Unfortunately for lock and dam No. 1, located at Spotts’ Falls, near the
Ohio river, a great amount of sickness has prevailed during the favorable
part of the season; two hundred cases of sickness are reported by the con¬
tractor, as having taken place, during the last four months, upon this job—
almost a total suspension of operations was the consequence. The place
has now become healthy, and a force is rapidly being collected; about 50
hands are now employed, and I hope to give you a good account of winter
operations. I have directed the contractor to make his calculation to build
during the winter, whenever the weather will permit. This course I con¬
sider necessary, on account of the general unhealthiness of the situation
during the summer and fall months.

The masonry of the lock is commenced—only 75 perches yet laid, but I
hope before the 1st of April we can have 2,000 perches laid; if this can be
done, the lock can be built before the time of the sickly season arrives. A
coffer dam is now erected, 20 feet high, which, with the steam engine to
pump, will prevent any hindrance by high water, except in very high floods,
which, of course, will be of short duration. I think, with a favorable sea¬
son, we may complete this work in another year.

Lock and dam No. 2, and lock and dam No. 3 are completed—some extra
work and the gravelling of the dams not yet complete. Eighty three miles
of navigation is afforded by these two works. Much credit is due the con¬
tractors for the zeal and energy manifested in pushing these jobs to a final
termination. Lock and dam No. 2 had been, throughout, surrounded with
great difficulties, all of which have been surmounted, although at a great
sacrifice of time and money.

Lock and dam No. 4 have been prosecuted vigorously for the most part
of the season. Some hindrance was given to this job by the death of the
contractor, Major M. W. Henry, who died last summer. The public have
sustained great loss by the death of Major Henry. In him were united in¬
dustry, honesty, and great energy. Such men should be appreciated, as
their services are of great use to the public. The work is now being pro¬
secuted by George W. Henry, son of the late contractor. In him, I trust,
the Board will find qualifications superior to his age. He has been associa¬
ted with his father from the commencement of the work, and is fully ac¬
quainted with the details of the contract. I think this work can be easily
completed during another season.

The work at lock and dam No. 1, in Barren, is being done as rapidly as
the times will admit. This work was much hindered by the character of the
foundation for the lock. Much water issued into the pit, and caused great
expense in bailing, while the lower excavation of the pit was being done,
and the timber foundation and lower courses were being laid. These diffi¬
culties have been encountered and overcome by the contractor. He has
now laid 1,930 perches of masonry in the lock, and the materials are nearly
all provided for both lock and dam. Considerable sickness prevailed at this
point, also, greatly hindering the progress of the work. Much credit is due
the contractor for his energy in pushing forward this work through the diffi¬
culties named. I think this work can easily be completed in another year.

The cutting of the timber oft' of the banks, and snagging the channels of
Green and Barren rivers is a work which has been prosecuted slowly. Here¬
after, I would recommend that this work be done by a superintendent, and

10S

not by contract. We find it almost impossible to get this work faithfully
done by contract. *

It will be necessary to be prepared to take out snags, upon the pools, as
they may be thrown into the channel. Much timber is yet growing upon
the banks of Green and Barren rivers, and tributaries, which cannot at once
be removed without too great an expense. A snagboat, I think, should be
built forthwith. If a'steam snagboat should be built, would it not be well t 0
make her capable for towing? Many llatboats will likely be run out in a
low stage of the river; and, if no means are provided for towing, it will be
quite a difficult matter, as there will be no current to assist in running out.
A charge sufficient to keep up the expenses of the boat should be paid by
the owners of the flatboats.

Considerable work has been done toward preparing for the sale of water¬
power at lock No. 2. The abutments and head gates are completed. The
canal, or head race, is in such a state of forwardness as to insure its com¬
pletion as it may be-wanted for mills now erecting. William Eidson has
the contract for excavating the race below the abutments. That part which
extends to a point where the water is to be taken out for the upper mill, is
to be done this winter; the balance another season. For the first he is to
be paid twenty five cents per cubic yard; and the latter, twenty two cents.
The cost of the whole work will amount to about $12,000.

I think the works at the other dams will cost an equal amount, in order to
render the whole water power available. If these works are put under con¬
tract, an appropriation for this purpose will be required. $39,000 will be
wanted for this object. The original estimate was calculated only for the
abutments and head gates, with the necessary excavation to those points.
This was deemed sufficient to place the water power in a situation to be
made available at any time thereafter; but authority being given to sell the
water power, the canal must at once be extended to the desired point.

Four lock houses are now under contract, viz: At No. 1 in Green river,
No. 2, No. 4, and No. 1 in Barren. Win. Brown has the contract for the
first and last. C. D. Ward has the one at No. 2, and M. W. Henry the one
at No. 4. The prices vary from 1530 to $1700. The houses are to be built
of brick or stone, as the case may be.

The estimates made and returned for works under the charge of your
Board, stand as follows, viz:

Lock and dam No. 1 in Green river, - - $44,255 07£

Lock and dam No. 2 do. - - 70,32S 64

Lock and dam No. 3 do. - - . 76,716 75

Lock and dam No. 4 do. - - - 63,385 87i

Lock and dam No. 1 in Barren, - - - 55,524 50

Total, locks and dams,

Clearing banks of Green river, from dam No. 1 to dam

No. 3,.

Clearing banks of Green river, from dam No. 3 to dam
No. 4, ----- -

Clearing banks of Barren, from mouth to Double Spring,

Amount carried forward, - - 320,825 84

$310,210 84

3,820 00

2,795 00
4,000 00

109

—

Amount brought forward,

Lock house at lock No. 2, - - ' T '

Head gates and abutments lor water power at lock No. 2,

Total estimate, -

Deduct amount estimated last year, -

/ i

Amount estimated this year.

320,825 SI
1,104 30
6,2S2 60

'328,212 74
192,944 76

$135,267 9S

There has been considerable increase in the extra work. The order of
♦he Board requiring a coffer dam, and steam engine for pumping, and pumps
f r loch No 1 in Green river, under the advice of Sylvester Welch, Esq.,
Principal Engineer of the State, has been fulfilled. The coffer dam has
been built and the engine and pump put into operation. The expense at¬
tending this, will amount to about $5000. The protection walls, advised
bv Mr? Welch, if built, will add considerably to the several jobs in the ex¬
pense " I however, believe that money enough is now appropriated to com¬
plete the works, which will be required, except for the water power, which,
as before stated, will require a further appropriation of $39,000.

The su^estion of Mr. Welch relative to a double timber and plank foun¬
dation at lock and dam No. 1 in Barren, has not been adopted. The delay
and expense attending this plan, induced me to offer for your consideration
a different course relative to this work. Had the plan suggested by Mr.
Welch been adopted, I verily believe not a stone would have been laid
in this lock this season. The expense upon the plan as adopted, may possi¬
bly not be less, but I can hardly doubt but the completion of the work will
be much expedited, and I have more confidence in the utility of the work up¬
on the plan as adopted. an c + <

The calculation now is to increase the base of the dam hom oU teet to
140 and instead of placing the dam at the head of the lock, to place the
lower ranee timbers in line with the foot o! the lock. 1 he lower 60 feet of
the dam, it to form an inclined apron in such a manner as to prevent, if pos-
sible, any reaction upon the foundation at the toot ot the lock 01 dam.
The calculation is to build the crib work under the lower part of the slope,
or apron, only four feet square. This plan I think will give sufficient egress
to any water that may be forced under the timber foundation ot the lock by
the pressure from the upper level, and thereby prevent any upwaid pres¬
sure from forcing up the timber or plank foundation. I believe the founda-
tion of the lock is as good as could be found, except a foundation or solid;
rock. I feel assured from what Mr. Welch told me after visiting our works,
that he was misinformed as to the quality of the foundation ot this work.

All of which is respectfully submitted.

ALONZO LIVERMORE, Res. Engineer.

OF THE

RESIDENT AND ASSISTANT ENGINEERS

Report on the Survey of the West Fork and Big Sandy Rivers,

Engineer’s Office, Licking river Navigation, )
Covington, Nov. 27th, 1S3-S. $

Sir: In compliance with your letter of instructions, dated 7th of April,
1838, requiring me to organize and equip a party for the survey of the West
Fork and Big Sandy rivers, and to proceed at the proper time to Pikeville,
the point of commencement, to superintend and give detailed instructions to
the Assistant Engineer relating to its execution—I have now the honor to
report, that by the 25th day of June, I had employed at this place a well in¬
structed surveyor, and other assistants, and had provided the necessary in¬
struments, boats, camp equipage, &c., for the survey, which I placed under
the charge of Mr. Eichbaum, and gave him instructions for his government.
Early in July I joined the party, a few miles below Pikeville; and after hav¬
ing employed them for a short time in surveying the road from Pikeville to
the Sounding Gap, they proceeded to the execution of their work on the
West Fork and Big Sandy rivers, which they levelled and surveyed with
accuracy and diligence.

I have herewith the honor to lay before you, Mr. Eichbaum’s report of the
survey, with his plan and estimates for the improvement of the navigation of
the two rivers. The map of the survey is in pi-ogress in this office, which
will be forwarded to you as soon as it is completed.

The plan of improvement suggested by Mr. Eichbaum, if properly execu¬
ted, would facilitate the passage of the small freight boats that are now used
for the transportation, up the streams, of nearly all the merchandize and for¬
eign supplies that are consumed by the inhabitants on the upper part of the
Big Sandy river and the West Fork; and would, at some stages of water,
enable the large flatboats that are used for the exportation of tne coal, com,
staves, tan bark, &c., which are produced in the country, and also the rafts
of timber, to descend to the Ohio river; which, without the improvement.

could not pass the shoals with safety. But this advantage would he seldom
useful. The freshets every year, not only cause sufficient depth of water
but also a velocity in the current, which enables the heavily laden boats to'
arrive at their destinations with safety and despatch. For several months
in each year, steamboats of 100 tons could ascend with safety as high up the
river as Pikeville ; and the improvement suggested would never secure an
advantage equal to a rise of one foot of water.

There is no practicable wagon road from Pikeville to the mouth of the
Big Sandy river. The small freight boats abovementioned are uncovered;
about S feet wide and 60 feet long; are flat bottomed, but rake at both ends;
are very light, and carry, according to the stage of water, from 5 to 20 tons.
An improvement that would only enable boats of this description to navi-
gate the rivers from one to two months longer each year than they can at
the present time, would do but little to ameliorate the condition of the
country.

In the autumn of 1S35, I made a reconnoissance and partial survey of the
West Fork and Big Sandy rivers, and suggested in my report to the Board
of Internal Improvement, dated 27th of December of that year, an improve¬
ment of the same character as that by Mr. Eichbaum. Farther reflection
upon the subject, however, has convinced me that an improvement of this
character is quite insufficient to produce results commensurate in advantages
with its cost. The iron and the coal which abound on the banks of the riv¬
ers, would still have to depend upon the seasons of high water for exporta¬
tion.

The shoals are, some of them, strewed with loose fragments of rock. In
1835, the obstructions of this character were partially removed, under the
directions of Commissioners appointed by the Legislature. This work
should be completed.

I have the honor to be, sir,

Very respectfully,

N. B. BUFORD,

Resident Engineer ,

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

Covington, Ky., Nov. 2 6th, 1838.

N. B. Buford, Esq.,

Resident Engineer of the Licking River Navigation:

Sir — I have, agreeably to your directions, made a survey of the West
Fork of Sandy river, from Pikeville to its junction with the Tug Fork oppo¬
site the town of Louisa; and of the Big Sandy river, from the junction of
the West and Tug Forks to its mouth ; and now present the following re¬
port :—

The valley through which the West Fork flows, is narrow; it is, in some
places, nearly a mile wide, but generally not more than six hundred yards
wide. The valley of the Big Sandy is wider—the width varying from 500
to 2000 yards. The country back of the river hills is veiy much broken, and

113

i thinly populated; the farming, operations being mostly confined to the
J bo ttoms or flats, and to the valleys of the principal streams emptying
■'t the main river. The total distance from Pikeville to the mouth of the
RG Sandy, at Catlettsburg, is 116 miles, and the total descent 146.50 feet
In order to consider the different portions of the streams satisfactorily, I
have arranged them into three divisions, viz :

Division No. 1—From Pikeville to Prestonsburg. The length of this di¬
vision is 352 miles; and the surface of the water at the foot oi the town
„u na i opposite Prestonsburg, is 43.41 feet lower than the surface of the
water opposite Pikeville. The width of the stream at Pikeville is 212 feet,
and at Prestonsburg about the same; but at many intermediate points, the
width is not more than ISO feet. The height of the river bottom or flat at
Pikeville is 47 feet above low water of the Sandy ; between Pikeville and the
mouth of Beaver creek, the bottoms are in some places not more than 20 or
25 feet in height; at Prestonsburg, the height of the bottom land is 46 feet.
The river consists of a succession of reaches or pools of various lengths,
separated by ripples or shoals composed in some cases of slate or sand stone,
h, t generally of gravel. The fall of these shoals or ripples varies from 2
inches to 4 feet 9 inches; the length varies from 100 to 2,900 feet. There
are many rocks and snags, &c. in the channel. The most considerable tn-
butary upon this division is Beaver, which empties into Sandy upon the west
side, 25 miles below Pikeville, and is about 100 feet wide at its mouth.

Division No. 2—From Prestonsburg to Louisa. Length 54i miles, and
descent from the surface of the water opposite Prestonsburg to the surface
of the water opposite Louisa, 7S.50 feet. The average width of the river
upon this division is 200 feet, and the height of the river bottoms from 40 to
50 feet. From Prestonsburg to the mouth of George’s creek, the bed of the
stream is similar to that of the first division, excepting that the pools are
generally longer, and the falls of the ripples greater. The length of the
ripples or shoals varies from 100 to 3000 feet, and the fall varies from 2
inches to 5 feet 3 inches. The shoals are composed of rock, loose rock and
gravel. Between George’s creek and the 5 mile shoal, which is five miles
above Louisa, the pools become shorter, and sand is found more frequently
composing the bed of the stream. Below the 5 mile shoal there are but trvo
small ripples; the current is very uniform, and the bed of the river composed
mostly of sand. There are numerous rocks and snags in the stream, and
leaning trees, which will have to be removed. The principal streams emp¬
tying into Sandy upon this division, are John’s creek on the east side, and
Paint, Tom and George’s creeks on the west side.

Division No. 3—From Louisa to the mouth of Big Sandy, at Catletts¬
burg. Length 26* miles, and descent from the surface of the water oppo-
I site Louisa to the.surface of the water at the mouth of Big Sandy, ~4.

I feet. The width of Big Sandy just below the junction of the Tug and W est
i Forks, is about 300 feet; anil at the mouth, it is nearly 400 feet from bank
to bank. The river bottoms are generally 45 to 50 feet high. The bed oi
the stream consists of sand, excepting at Tabor creek, and near Blane cieek,
and at two other places nearer the mouth, where the bed of the livei is
rock. The current from Louisa to the mouth is nearly uniform, and the sand
15 [App. to S. J.j

NAMES.

Ripples. Length. Fall. Cubic yds

Rock.

No. Feet. Feet. Yards.

Long Shoal, ....
Graham’s Shoal,

Stratton’s Shoal, -
Harry Stratton’s Shoal,

Whitten’s Shoal, ...
Prater’s Shoal,

J. Garret’s Shoal, ...
Hawes’ Shoal, ...
Graham’s Shoal, -
Town Shoal, ....
Smaller ripples, ...
Rocks in channel, - - -

Removing snags, leaning trees, &c

Cost of division No. 1,

is constantly shifting its position, making it impracticable to form a perma¬
nent channel. There are many rocks, snags, and leaning trees, which it will
be necessary to remove. At the mouth of the river, the bed of the stream
is rock, which is at a depth of about 6 feet below the surface of low v'ater •
and upon the rock, sand is accumulated, so as to reduce the depth of water
at the lowest stage, to not more than 5 inches.

I would suggest, as the mode of improving the channel of the West Fork
and of the Big Sandy, which is adapted to the wants of this section of
country and its limited amount of trade—the removal of the rocks, snags
and leaning trees, and the excavating of a channel through each of the priii-
cipal shoals or ripples—commencing at the lower end, in about one foot
depth of water, and continuing the excavation as far up stream as may be
found necessary in order to make the depth of water upon the shoal greater
and the velocity of the current much less than at present. This will not
make perfect navigation at low water; but boats will be enabled to pass the
shoals with less of a freshet than is necessary in the present condition of
the river.

The following is an estimate of the cost of improvement:

Division No. 1.

Amount

NAMES.

vmg snags,

Division No. 1.—Continued.

Long Shoal,

Graham’s Shoal,

Stratton’s Shoal,

Harry Stratton’s Shoal,

Whitten’s Shoal,

Prater’s Shoal, -
J. Garret’s Shoal,

Hawes’ Shoal,

Graham’s Shoal,

Town Shoal,

Smaller ripples, -
Rocks in channel,

Removing snags, leaning trees, &c.
Cost of Division No. 1, - _-

yard.

Gravel.

yard.

Cents.

Yards.

Cents.

Dolls. Cts.

1200

780 00

600

630 00

150

270 00

520

- 20

424 00

800

520 00

290

298 00

560

352 00

500

400 00

800

840 00

400

560 00

2000

1300 00

1500 00

900 00

—

$8774 00

Abbot’s Shoal, -
George’s Shoal, -
Jack’s Shoal,

Hagar’s Shoal, -
Little Paint Shoal,

Connelly’s Shoal,

Hellgate Shoal, -
Buffalo Shoal,

Fishtrap Ripple, -
Greasy Shoal,

Wild Goose Shoal,

White house Shoal,

Little White house,

Chesnut Shoal, -
Lost creek Shoal,

Graves’ Shoal, -
Log Shoal,

Fishtrap Shoal, -
Buffalo rock Shoal,

Chapman’s Shoal,

Twisting Shoal, -
Five mile Shoal, -
Smaller shoals and bars, -
Removing rocks from channel,

No.

Ripples.

Length,

Feet.

Fall.

Feet.

Cub. yrds
Rock.

530

2.00

300

1300

1.60

400

840

2.70

400

20SO

4.CO

SOO

500

1.00

370

650

1.90

720

520

1.70

300

3020

5.20

1200

500

1.00

100

1250

3.90

900

840

1.70

300

1100

3.70

900

650

1.30

300

310

1.80

200

320

1.60

100

1320

4.80

600

1250

3.10

700

'930

2.50

400

550

1.80

600

630

1.80

300

940

2.50

400

1510

2.80

900

1500

—

1000

111

ill

Division No. 2.

Division No. 2.—Continued.

Amount,

NAMES,

Abbot’s Shoal, -
George’s Shoal, -
Jack’s Shoal, -
Hagar’s Shoal, -
Little Paint Shoal,

Connelly’s Shoal,

Hellgate Shoal, - - -

Buffalo Shoal, -
Fishtrap ripple, - - -

Greasy Shoal, -
Wild goose Shoal,

White house Shoal,

Little White house,

Chesnut Shoal, - - -

Lost creek Shoal,

Graves’ Shoal, -

Log Shoal, - - -

Fishtrap Shoal, -

Buffalo rock Shoal,

Chapman’s Shoal,

Twisting Shoal, - - -

Five mile Shoal, -
Smaller shoals and bars, -
Removing rocks from channel, -
Removing snags, fallen timber, &c.

Cost of Division No. 2.

Division No. 3,

Removing rocks from channel, 1000 cub. yds at 60 cts,
Do. snags, fallen timber and leaning trees,

Cost of 3d Division, -

Cost of 2d Division, -

Cost of 1st Division, - - -

Price per Cubic yds
yard. of

Earth.

Price per
yard.

Cents.

Yards.

Cents.

3S0

800

600

1270

400

2000

200

1000

400

1000

400

200

800

540

500

2S0

600

1000

2500

—

„ mmntitv of water running in the West Fork, immediately above the
1 *• n mo nosite Louisa, was measured on the 15th of August, and ascer-
j unction PP g(J() cflbic feet per minute ; the surface of the river was, at the

tamed * oi two inches above low water mark. I presume that the quan-
l-Tnf water running when the stream is at its lowest stage, does not ex-
Vfi 000 cubic feet per minute. There is one steam saw mill upon the
ce ® d t s ide of Big Sandy, about four miles below Louisa; there is another
In u aw mill about one half mile below Louisa, on the Virginia side—
This mill was not in operation during the time of making the survey
SereTs one saw and grist mill at Abbot’s Shoal, near Prestonsburg, which
' £driven by water obtained by raising the water twelve or fifteen inches at
' Ip head of Abbot’s Shoal. There are also two small mills upon the West
Fork with one run of stones each, for grinding corn necessary for the peo¬
ple near the mills. These works will be stopped by the improvement of the

Ch Foal 'is found, generally, along the whole extent of the river opposite
Prestonsburg; the vein is from three feet to four feet six inches thick, and
Ins "been worked to some extent. The veins continue three feet thick as
far down as the mouth of Tom’s creek; below that, the veins in the valley
of the river are not so thick. Coal has been obtained from the bottom ot
the river, about one mile below Tom’s creek-it is there m layers of one
foot to eighteen inches thick. The coal which I saw at Prestonsburg and

other points on the river, appeared to be of good quality.

Iron ore is found in considerable quantity, between Prestonsburg and

th Sandstone, for building purposes, abounds generally along the whole

eX (3ak and poplar timber, Staves, Bark, Ginseng and Beeswax, chiefly
constitute the exports from this section of country.

One steamboat ascended the West Fork m 1837, as far as Beaver creek,
ten miles above Prestonsburg. During the same year, another steamboat
made three trips as far up as the Shoal, five miles above Louisa; and dun g
the spring of the present year, two steamboat trips have been made as tai

as Louisa.

Respectfully submitted. R EI CH B AU M ,

tnni Ti)ncrinp.p

Frankfort, November 22, 1838.

SlR ' In accordance with your instructions I have made a survey of the
North and Middle Forks of Kentucky River, and respectfully submit the
following report:

North Fork .—The point of commencing the survey being fixed by your
instructions at the mouth of Leatherwood creek, from there it was contin-

Dill

Report on North, and Middle Fork 5 Kentucky River.

118

ued down to the mouth of the Middle Fork, a distance by the course of the
stream, of one hundred and twenty one and three tenths miles.

On the first division, from the place of beginning to the mouth of Trou-
blesome creek, a distance of sixty six and four tenths miles, the river runs
in a narrow valley between ranges of ridges or hills, which average about
five hundred feet above -the bed of the stream.

Narrow strips of alluvial land sometimes intervene between the hills and
the margin of the river, whose surface averages about thirty feet above the
plane of low water.

The average width of the river on this division is about forty yards, and
the total descent is two hundred and three feet and eighty six hundredths
or an average of three and seven hundredths feet per mile.

The bed of the stream is generally sand stone or slate, covered for consid¬
erable distances with sand or gravel. The banks are usually a narrow strip
of alluvial bottom on one side, while its opposite is an abrupt rocky bluff,
or sloping hill, reaching to the water’s edge.

The second division, extending from the mouth of Troublesome creek to
the junction of the North and Middle Forks, a distance of fifty four and
nine tenths miles, has a total descent of ninety two and ninety six hun¬
dredths feet.

The first section of this division, from the mouth of Troublesome to the
mouth of War creek, and embracing a distance of thirty and six tenths
miles, has an average width of about sixty five yards over, almost uniformly,
a rock bottom, and with an average descent of one foot and fifty seven
hundredths per mile. The same general characteristics are observed, as
upon the first division, with the exception that the bottoms or alluvial lands
are wider and have greater elevation above the surface of the river—aver¬
aging about thirty five feet.

The second section, commencing at the mouth of War creek and termin¬
ating at the junction of the North and Middle Forks, is in length twenty
four and three tenths miles, and descends at the rate of one and seventy
seven hundredths feet per mile.

This section includes the “Narrows,” through which the channel is reduc¬
ed to from forty five to fifty yards in width, and the river lined on each side
by perpendicular sand stone cliffs, varying from fifty to one hundred and
fifty feet in height. Excepting in a few instances where the stream washes
the base of the cliffs, for short distances, there is a narrow strip of ground
composed of alluvium and fragments of rock, from ten to fifty yards wide,
between the cliffs and the river. On the lower ten miles of this section the
cliffs recede farther from the river, affording small strips of land from one
hundred to three hundred yards in width, whose elevation above the stream
is from forty to fifty feet.

The channel through the narrows is much obstructed by masses of detach¬
ed rock which have fallen from the cliffs, and in some instances almost fill
up the stream.

The geological features of the country along the river are very uniform
from the commencement of the survey to the head of the Narrows, the hills
being composed of alternate horizontal layers of sand stone and slate, inter-
stratified with bituminous coal.

Throughout the Narrows, the cliffs are sand stone conglomerate, and the

which have become detached from them and obstruct the channel

coated with an oxide of iron.

Tom the mouth of Leatherwood to the

__ a slackwater navigation may be made, suited

the use of boats of such dimensions as would probably be used in car-
.°ino- coal, &c. on the main river. The cost, per foot lift of the lockage, in-
W ° • ’ i 0 f dams, would be about $4,000, exclusive of clearing the

■ , J an d the construction of a towing path, which would be necessary;
as the channel is so narrow and so many abrupt bends occur that I think
ft could not be navigated advantageously by steam power.

From the mouth of Troublesome to the junction of the North and Mid¬
dle Forks, a slackwater navigation may be made, large enough to admit the
use of steamboats carrying about eighty tons.

The locks might be made with lifts of from twelve to sixteen feet, and
the dams would average about one hundred and seventy feet in length. The
stone and timber, necessary for the construction of locks and dams, could
be obtained of excellent quality, and in the immediate vicinity of the places
where they would be located.

Rock foundations, it is believed, could be selected for the locks and dams,
and at points where a natural abutment exists on the opposite side from
where the locks should be placed.

the Middle Fork to the mouth of

of the river, are m many instances.
Upon the first division, extending fr
mouth of Troublesome creek

to the use cf'

tying coal, &c. on the main river
eluding the cost
banks

stimatefor a slackwater navigation from

Troublesome Creek, on. the North Fork.

For 99 feet of lockage, including the dam and necessary
appendages to the lock, at $4,500 per foot lift, -

For clearing the banks of the river on a distance of 55
miles, at $100 per mile, -

For blasting and removing 12,000 cubic yards of rock,
chiefly in the Narrows, at 50 cts., - - -

Contingencies, engineering, superintendence &c., 10 per
cent., -------

The third vein is on the same side of the river, opened along the face 0 f
n ridge, whose summit is about five hundred feet above the bed of the
stream. The vein of coal is two hundred and seventy three feet above the low
water surface, and has several openings in a distance of one hundred and
twenty yards. The thickness of the stratum of coal varies from three and
a half to four feet, at the different places where excavations have been

rricid 0

The variety denominated cannel coal is furnishsd from this mine, and the
greater proportion of it is of this character; there is generally, however,
about one foot of bituminous coal above the harder variety.

The fourth is on the south side of the river, and about thirty feet above
it, and is about four feet thick. The fifth is opened along the face of an ab-
rupt and nearly perpendicular bluff, about one hundred feet above the sur¬
face of the river, and is four feet in thickness.

At none of these mines, have the excavations been made to a greater dis¬
tance into the hill than about one hundred feet, and consequently the true
quality of the coal remains yet to be developed.

There are several other openings made of veins of coal, from which small
quantities have been mined; but the ones before enumerated comprise those
most extensively worked.

The quality of the coal of this region is accurately described in the report
of the Chief Engineer of Kentucky, made to the Board ot Internal Ini.
provement in 1S36.

The establishments for the manufacture of salt are situated as follows,

VIZ 1

The first and most important is at the mouth of Leathenvood creek,
where about fifty bushels are made per day, and water in sufficient quantity
to yield about three times that amount. On the sixtieth mile is an old es¬
tablishment, where a considerable amount of salt was formerly made, but
the works are now out of use.

On Troublesome creek, about one and a half miles from its mouth, are
works, where about ten bushels of salt are made per day.

At the town of Hazard, on the nineteenth mile, a salt well is being bored;
it is sunk to the depth of two hundred and fifty feet, and salt water obtained.
The proprietor continues to bore, and entertains no doubt of securing an
abundant supply of good water. The indications of the existence of this
valuable article are so frequent, that no doubts are entertained of procuring
it by boring three or four hundred feet, at almost any point along the river,
from the mouth of Leatherwood to the Three Forks.

At several points along the margin of the river, iron ore, in small quan¬
tities, was discovered, samples of which were collected and are deposited in
the Engineers’ office.

The most valuable varieties of timber are ash, oak, poplar, and yellow
pine, which exist in great quantities along the river, so far as the survey ex¬
tended ; the latter is found principally upon or near the summits of the ridges.

The products of agriculture are, and must continue to be, limited, along
this stream, as the only land suitable for cultivation, is the narrow river bot¬
toms and those of the creeks and branches tributary to the river.

At present there is no surplus made, excepting some live stock, which is
usually driven to a market east of the mountain.

The quantity of coal shipped from the mines on this fork, during the last

season, amounted to about forty thousand bushels; about four thousand savr
] 0 o-s of oak, poplar and pine, were also sent out during the same time.

Vhese amounts are not a criterion by which to judge of the annual ex¬
port of the articles enumerated; as I was informed, by those engaged in min-
• n „ a nd forwarding coal, that the last season was unfavorable to their ope¬
rations, the freshets having been less frequent than usual.

By the improvement proposed, from the junction of the North and Mid¬
dle Forks to the mouth of Troublesome creek, it is believed that no dam¬
age would be done to private property.

Middle Fork .—The survey and leveling upon this stream was commenced
at the point where tire Manchester and Hazard road crosses it, and contin¬
ued thence down to its junction with the North Fork, a distance of sixty
seven and ninety six hundredths miles; and the total descent ascertained to
be one hundred and sixty nine and two tenths feet, or an average fall of
nearly two and a half feet per mile.

The general character of the country through which the river flow r s, until
within ten miles of its mouth, is in most respects similar to the first divis¬
ion of the North Fork; being composed of ridges or hills confining the river
to a narrow valley, and affording but a small portion of land suitable for
cultivation along the stream. Where narrow alluvial bottoms occur, their
height from the surface of low water is from twenty five to thirty feet.

The general width of the river is about forty five yards, and its channel
on this portion of it, much obstructed by Islands,

Upon the lower ten miles, next the mouth, the valley becomes much
wider, and affords farms of from fifty to one hundred and fifty acres be¬
tween the ridges and the river; the height of these bottoms is from thirty
five to forty feet above the low water surface.

The ridges or hills in the vicinity of the river are not so high as those on
the upper portion above described, and do not average over two hundred
feet above the bottom lands.

The channel of the river is reduced on this part of it to about thirty five
yards in width, and in several places has detached masses of rock, partially
filling up the bed of the stream.

The character of the rock is the same with that on the first division of
the North Fork, heretofore described.

The veins of coal, so far as they came under my observation, were gener¬
ally not so thick as those upon the North Fork, and, in most instances, have
an inclination, in a southeast direction, of about two degrees.

The largest vein worked was upon Rush creek, a small tributary of the
Middle Fork, and about half a mile from the river; this bed was three feet
and ten inches in thickness.

The thickness of the veins from which coal is generally taken along this
stream, does not exceed about three feet, but I have no doubt that the best
veins remain yet. to be opened.

I was informed, that about eight miles above where the survey was com¬
menced, a considerable quantity of salt was formerly manufactured, but
from some cause the works are not at present carried on, and I am not ap¬
prised that any of this article is now made upon or near the Middle Fork.

The same varieties of timber are found along this stream, as those de¬
scribed upon the North Fork, and in great abundance.

16 [App. to S. J.]

Some specimens of iron ore were collected and deposited in the Engi¬
neers’ office; I did not, however, observe any considerable quantity in any
one place, and the samples were mostly obtained immediately along the mar¬
gin of the river.

ThG amount of agricultural produce is not more than sufficient for the
wants of the inhabitants, and no surplus is furnished for transportation up¬
on the river.

From the best information I could obtain, the quantity of coal sent out
in flatboats, during the last season, was about five thousand bushels. In ad¬
dition to this, about one thousand saw logs were run out; these two items
constituting the principal exports from this stream.

The improvement best adapted to this stream, so far as it was surveyed,
would be similar to that which should be adopted on the first division of the
North Fork, and the cost would be at the same rate per foot lift for the
lockage, including dams.

The freshets which occured during the time of making the surveys, ren¬
dered it impracticable to ascertain the minimum quantity ol water iurnish-
ed by either stream ; but the information derived along the rivers, warrants
the conclusion that a sufficient supply would be found during near]} - the
whole season, for a navigation, as large as the width and sinuosities oi the
stream would justify.

The field books, herewith filed, contain data for estimates of the cost of
removing obstructions to descending navigation upon both streams.

Respectfully submitted.

W. 13. FOSTER, Jr., Resident Engineer,

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

Report on Cumberland River.

Engineers’ Office, Frankfort,

November 20, IS38.

SlRf

I have the honor to submit the following report of the condition and
progress of the work done for the improvement of Cumberland river, for a
descending navigation, from the mouth of Laurel to the Tennessee line, as
authoi’ized by the ninth section of the “Act further to provide for the Inter¬
nal Improvement of the State,” approved February 16, I83S.

It was ascertained, early in the month of June, that William McKnight,
Esq., United States’ Agent, was making preparation for executing all the
work necessary for clearing the banks of the river at the bends and at the
islands, and for the removal of all logs, roots and snags, from the bed of the

Mrpnm Wllicn r— o " p ' . r

mouth’of Laurel and the Tennessee line. Preparations were, therefore,
made for carrying into effect the above named section of the act, so far only

related to the Great Shoals.

it a subsequent period, however, it was found that no work would be
pxpcuted by the United States’ Agent above the head of the Great Shoals,
because of the difficulty which it was feared would attend the passage of
the snagboats, &c. over them, after having consumed the early part ot the

Se Hi^operations were, therefore, confined to that portion of the river be¬
tween the foot of the shoals and the Tennessee line ; and, as the season was
too far advanced to make preparation for doing the work omitted by the
agent, no work has been done by the authority ol this State above or below

the Great Shoals. . , . , , ,

Havin'* failed to make contracts for executing the work proposed to be

done onfavorable terms, it was determined to appoint an agent to super¬
intend the work, under the direction of the resident engineer. Mr. Lharles
F. Taylor was selected ; who, after purchasing the necessary tools and ma¬
terials and erecting buildings to be occupied by the laborers, commenced
operations on the 3d of September—removing all the loose rock from the
boat channel on all the shoals, together with all the points or projections
rising above the general level of the rock bottom. No blasting was required
on the upper shoal; but the projecting points at the foot of each ol the low¬
er shoals were removed, after the arrival of the powder and the piepaiation
of implements, and before the water rose. But as the current is very strong
at these two points, the shattered fragments of rock will be washed liom.
their beds at everv rise of the water, and will be cast into heaps near the
foot of each shoal: thus creating obstructions which will require removal at
intervals of one or two years ; while the more firm and solid portions will
remain fixed, forming projections above the general level, and becoming ob¬
stacles in their turn.. . . „

Some labor will be required during the next season to maintain an e\ en
surface on the shoals; but the amount, it is hoped, will not be great.

Du lino- the time occupied in performing the work above mentioned, pie-
parations were made for building two wing-darns on Smith’s Shoal. A con¬
tract was entered into for the delivery of the necessary timber at the top ol
the cliff, which is about two hundred and fifty feet high, from whence it was
thrown down, and rolled to the sites of the dams. On the 19th of Septem¬
ber the upper dam was commenced, and the work was steadily prosecu¬
ted until both were completed, on the 1st of Novembei.

These dams extend from the left bank ot the river into the stream, com¬
mencing in a direction nearly perpendicular to that ot the current, and

?
;;

124

before mentioned, its direction is nearly perpendicular to that ot the cur¬
rent.

The lower dam is not connected directly with the bank of the river, but
joins the wing-dam ot the mill belonging to Mr. George Smith, at a distance
of about fifty'feet from the shore, and at about seven hundred and thirty
feet farther down the stream than the head of the upper dam. It is five hun¬
dred and forty seven feet long, and is similar to the upper dam—curving
out into the stream, and terminating at a point about the same distance from
the right bank ; an equal portion of its length is straight and parallel with
the direction of the current.

The width of the dams, at the base, is eighteen feet; and the average
height, above the bottom of the stream, is five feet four inches. I he ma¬
terials used in their construction are, white oak timber and stone : the tim¬
bers are framed together and bolted to the rock ; and the spaces between
them are filled with stone, taken from the old wall. The wall has been en¬
tirely removed, leaving a clear space, at least three hundred feet wide,
between the ends of the dams and the right bank, for the passage oi boats,
&c. .

In constructing these dams, range timbers, about forty feet each, in length,
and eighteen inches in diameter, were laid down on the rock, in the proper
curve, for the direction of the dam; two inch holes were bored through
them at intervals of about twelve feet, and, at the corresponding points be¬
neath, holes of the same diameter, and eighteen inches in depth, were dril¬
led into the solid rock ; a wooden pin, two inches in diameter and two feet
long, was then inserted in the hole in the range timber, and was driven
through it into the hole in the rock below ; after which, an iron bolt, three
quarters of an inch square, was driven through the pin, pressing the fibres
of the wood against the sides of the hole in the rock, and in the range tim¬
ber, and uniting them very firmly together.

On the top of these range timbers, and in a direction perpendicular to
them, cross ties, fourteen inches in diameter, and eighteen feet long, were
laid at intervals of twelve feet: these ties were united with the range lim¬
bers by a dovetail joint and a wooden pin at the one end, and at the other
to the rock bottom, by a wooden pin and iron bolt, of the same size, and in
the same manner, as has already been described lor fastening the range tim¬
bers to the rock. A second course of range timbers, sixteen inches in di¬
ameter, was then placed on top of these ties, above the first course, which
was united to them by a two incli pin to each tie; these range timbers were
surmounted by a second set of ties, twelve inches in diameter, and eighteen
feet long, placed at points intermediate to those of the first set, and at the
same distance apart; these ties were fastened to the second course of range
timbers, by a dovetail joint and pin at the one end, and to the rock by a pin
and an iron bolt at the other, as before described. Parallel with these range
timbers, and at about eight feet distant, a centre range timber, twelve in¬
ches in diameter, was placed, overlaying the first set of ties, and underlay-
the second set; to each of which it was united by a notch and pin. On top
of the second set of ties, the third course of range timbers, twelve inches in
diameter, was placed, and fastened by pins: this las: course was also tied at
intervals of twelve feet, by a set of timbers, ten inches in diameter, and
nine feet long, which were notched and bolted to the top of the range tim¬
ber, at one end, and notched under the centre range timber, at the other.

125

rpi.p who l 0 body of the dam between the ties was then well filled with
. of various sizes, the upper surface being made to correspond with the
S n e of the second set of cross ties. A covering ot large flat stone, over-
10 „ one another, so as to give additional stability to each, and presenting

wltes or points opposed to the direction of the current, was afterward
M l over the whole of the upper surface of the dams, with the exception of
I nt fnrtv feet in length of the lower end ot each, where the stone were
on thefr edges and well wedged together. The latter plan would have
, n onrsued throughout the entire length ot the dams, but tor the want ot
nrooer tools and workmen required to execute it with the necessary degree
f kmatch : and since a covering similar to the one first described was used
nn the dams formerly built on Long Shoal, which has resisted the action ot
the current and of floating bodies very well, no danger was apprehended
in adopting the same plan for those erected during tins season.

The whole amount of money expended in building the dams,
and removing points of rock and loose stone from the boat
channel, including the cost of buildings, tools, wages, sub-
sistence, materials, &c. and exclusive of superintendence,

amounts to - - - - - - ; ' ' ™

From which deduct the value of tools and materials on hand,
which will be used in prosecuting the works during the
coming season,.

Net cost of dams and other work executed,

The cost of building the two dams, including the cost of work¬
manship, materials, wear and tear ot tools, and removing

the old wall, is - - - - • u,"

The cost of removing rock from the channel, on omith s

Shoal,

The cost of removing rock from the channel on Long Shoal,
The cost of removing rock from the channel on Shadowen’s
Shoal, -.

535 00
$2,664 69

$2,170 69

224 00
212 25

57 75

$ 2,664 69

The aggregate length of the two dams being one thousand one bundled
and thirty 0 four feet, the cost per foot lineal, including timber, iron, stone,
&c., and excluding superintendence, amounts to one dollar and ninety one
anc [ a belli cents

It is not to be presumed that the dams on Long Shoal can be constructed
at so cheap a rate, on account of the difficulty oi procuring timber and stone.
The cliffs which inclose it are much higher than those on Smith s Shoal,
and the stone, at the foot of them are generally too large and misshapen to
be used without the expense of breaking.

A supply can be obtained from the three old dams, either for the con¬
struction of three new dams, or lor any alterations in the shape oi the pies-
ent ones which may be thought necessary ; but for any greater number,
stone must be obtained from the base of the cliffs.

The whole of the dams on Long and Shadowen’s Shoals might be built

126

during the ensuing season, it required; but it is hoped that the progress in
construction will be gradual, in order that an opportunity may be aflorded
for observing the effect produced by those aheady erected, and loi making
such alterations in those hereafter to be built, as expel ience may suggest.

All of which is respectfully submitted.

ANTES SNYDER.

Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

Report on Goose Creek and South Fork of Kentucky River.

Engineer’s Office, 1

Frankfort, November 24, 183S. ’)

Sis:

I have the honor to submit the following report of the progress and
present condition of the work which has been executed during the past
season, for the improvement of Goose creek and the South Fork ol Ken¬
tucky river, for a descending navigation.

In compliance with instructions, I entered into contract with Mr. Hiram
Hibbard, for the removal of all rocks, logs, snags, roots, &c.,^ which were
considered to be impediments to the navigation of the East Fork of Goose
creek, below Wilson and Quarrier’s steam mill; and with Mr. Elhanan
W. Murphy, for the performance of the same kind of work on Collins’ Fork,
below Alexander White’s salt furnace.

A specification was attached to each contract enumerating the items, and
describing the manner in which the work was to be executed.

I endeavored also to make contracts for the removal of obstructions in
Goose creek ; but, on finding that the prices demanded for executing the
work very far exceeded its value, I declined making farther contracts.

James H. Garrard and Dougherty White, Esqs., having been appointed
Superintendents, were instructed to procure tools and implements, engage
the services of foremen, and hire the necessary number of laborers to per¬
form the work directed by the instructions. They have gone on to perform
the duties assigned to them, and the laborers have been employed up to the
tenth of the present month, in removing or breaking down all prominent
points of rock in the shoals, removing loose rock, fish traps, logs and drift,
some small rock bars and other obstructions from the channel, together with
certain points of rock and gravel bars, which projected into the stream, from
the banks; and have formed landings at a few points, by clearing the banks
on Goose creek.

On the South Fork of Kentucky, they have also removed the loose rock
and projecting points from the shoals, and have taken down some fish traps,
and the wing of the mill dam below the mouth of Island creek.

127

, an y otner equal pui uuu ui luo

The new cut along the Narrows has been deepened, and the dam across
I , . channel, at its head, has been raised. Points of rock, at various
, includin' 1 ' those which projected from the left bank above the rock,

1 vn by the name of Allen’s rock, and those next below the same rock,
with the gravel bars projecting from the same side, have been removed.

y little of the shelving rock, in the new channel at Allen’s mill, has
1 pn blasted- but the loose rocks at its foot, and about thirty feet of the
frrht hand portion of the island, below this channel, have been removed.

The point on the left, at the bend below the island, has also been cut oft;
but „ 0 W ork lias yet been done on the point on the right, or in the eddy on

the left, at the bend below.

The whole amount of money expended in labor, tools,

r ' ons &c is - -- -- -- $1,921 69

irJwhirh add payments on the contract with H. Hibbard, 250 00

ANTES SNYDER.

12S

Report on Rough Creek, Pond River , Muddy River , Nolin
Coney and Bear Creeks.

Frankfort, Ky., Nov. 2 4th, 1S3S.

Sir —The following statements exhibit the measures taken, in compliance
with your instructions, for improving some of the tributaries of Green river 1
for descending navigation; and estimates for similar improvements upon
others, herein referred to.

Rough Creek. —For the removal of obstructions to descending navigation
on Section No. 1, and extending from Green’s mills, at the Great Falls, to
Nall’s upper mills, a distance of about 25 miles—a contract has been made
with Joseph Wilson, dated September 15th, 1838; and a duplicate of it
embodying the specifications of the manner in which the work is to be exe¬
cuted, is herewith submitted.

A contract was also entered into, on the 14th day of September last
with Harrison D. Taylor, for executing the work, of similar character, on
Section numbered two ; embracing, from Nall’s upper mills to the village of
Hartford, a distance of about twenty six miles. The duplicate of this con¬
tract, including the specifications, which is herewith communicated, will ex¬
plain the manner in which the work is required to be done.

Agreeably with the prices stipulated in the contracts abovementioned,
the cost of the work is estimated as follows :

Section No. 1.

For clearing the channel of snags, cutting up the fallen tim¬
ber, removing fish dams, &c., and clearing the banks to an
average height of nine feet above the low water surface,
on 25 miles, at $49 per mile, .....

For removing the leaning timber which projects over the
stream, so as materially to interfere with descending boats,
and which is above the line or level above designated, on

25 miles, at $13 per mile,.

For removing 1,175 cubic yards rock, at 50 cents,

Aggregate cost of Section No. 1,

Section No. 2.

For clearing the channel and banks, as on Section No. 1, for

26 miles, at $45 per mile, ......

For removing leaning timber, as described on Section No. 1,

on 26 miles, at $17 per mile, .....

For removing IS cubic yards rocks, at 75 cents, ...

For removing 370 cubic yds. earth, at 20 “

For additional clearing, .

Aggregate cost of Section No. 2,

$1,225 00

325 00
5S7 50

$2,137 50

$1,170 00

442 00
13 50
74 00
20 00

$1,719 50

129

$2,320 00

34S 00
80 00
50 00

$2,798 00

Uin a the cost of the improvements, if completed at the present con¬
tract prices, $3,857 00.

p River—A contract was made on the 8 th of October last, with John

« Sfs Sanders Haves and Wm. A. Eaves for doing all the work neces-
.'vv to hnprove the descending navigation ot this stream, from the point
Siem the Greenville and Hopkinsville road crosses it, to the Island Ford, a

S'Embracing the specifications of the manner
in which the work is to be executed, is herewith submitted.

The estimated cost of the work at the contract prices, is as follows:

Vnr clearing the channel of snags, cutting up the fallen tim-
F ber removing fish dams, &c., and clearing the banks to an
average heiglit of nine feet above the low water surface,

58 mUes, at $40 per mile, - ‘ , '

For removing the leaning timber, which projects over the
stream so as to materially lmpedethe passage of boats, and
which stands above the line or level above designated, ob

miles, at $ 6 , - - '

For removing Morgan’s old .mill gam, - - -

For removing 100 cubic yds rock, at 50 cts. (estimated,)

A rroregate cost of 58 miles,

Muddy River. —Upon this stream, Maj. John W. Powell was employed
as superintendent, at a compensation of two dollars per day while employed

in Qmthb 28th of° August last, he was directed to procure the necessary
tools &c., engage laborers, and proceed to the execution of the work , and,
if practicable, complete the improvement, as contemplated, up to the Wolf

i ink Fork during the present season. , . , . .

I examined this work on the 30th of October last, at which time thei su¬
perintendent had progressed to within six miles of the mouth of Wolf Lick
|ork, having removed the obstrubtions to descending navigation on a dis-

^The first nine miles, commencing at the mouth of the river, had been
worked on, under the direction of Commissioners, appointed some yeais
since, by the Legislature, and the obstructions principally removed.

At the date of the examination before mentioned, I dnected the super¬
intendent to discontinue work on that part of the stream where he was then
enmmed, and proceed to cut down, and cut into suitable lengths, such trees
as “remained standing along the banks, on the lower nine miles ot the liver,
and which would, if left standing, be surrounded by the slack water formed
by Dam No. 3, on Green river ; and after completing this, to preceed to the
upper part of the stream, and prosecute the work to completion this sea-
X if the water remained; low, and the weather continued favorable for Ins

° P SaL»nt expended, for the p„chaxe of boat, tools eamp equipage,
laborers’ wages and subsistence, up to the 30th Oct. was $o89.

[App. to S. J.]

A copy of the instructions given to the superintendent, is herewith
submitted.

Owing to the illness of the contractor for Section No. 1, of Rough Creel;
no work had been done upon it at the date of my last visit there—about the
20th oi October. He, however, intended making some progress with his
■work the present season, if the water remained low enough for it.

On the 23d of October, an examination was made of Section No. 2, of
Rough creek, and an estimate made and certificate granted, amounting to
$594. This amount ot work had been done on about fourteen miles, com¬
mencing at Hartford, and extending up the stream ; and the contractor was
directed to proceed no farther up the stream, until he should have gone over
and completed, agreeably with the specifications, that portion over which he
had already worked.

On the 3d day of the present month, an examination was made of Pond
river ; the contractors had made a commencement of the work at Morgan’s
mill dam, and reached a point about 4J miles below it, intending to complete
their work from that point to the Island Ford, a further distance of about

miles, during the present season.

No estimate has been made for work done upon this stream ; as by the
teims of the contract, it is not due until the first day oi December next.

Nolin .—'The distance examined along Nolin, is estimated at fifty six miles
commencing at Millerstown, and terminating at the mouth of the river.

Obstructions were noted at several places, consisting of rocks in the chan¬
nel, leaning timber on many oi the points, numerous fish dams, and on the
lower portion,' some fallen timber and snags.

There are also two mill dams across the stream, which are regarded by
persons accustomed to navigating the same, as more dangerous obstacles
than those before mentioned. The first of these dams, owned by Esq. Daw-
sey, is located about sixteen miles below Millerstown; it is nearly seven feet
high, and has, since its erection, entirely blocked up the navigation.

Hardin’s mill dam, which is five feet and three inches high, is situated
nineteen miles from the mouth of Nolin ; it is built at the head of a long
shoal, over which the water passes very rapidly during freshets, and renders
it almost an impassable obstacle.

At Dawsey’s dam, the mill house has been carried away by the floods,
and the proprietor is about preparing to rebuild it. I however advised him
to defer any progress towards rebuilding, until it was ascertained what fur¬
ther order the Board of Internal Improvement should make on the subject
of removing the obstructions. J

Unless this dam is removed, or its height reduced from three to four feet,
removing the other obstructions would accommodate but a limited amount
of trade; as the country below it furnishes but a small quantity of surplus
produce.

By 1 educing the level of Hardin’s dam to four feet, for a space of forty
or fifty feet, and removing a point of rocks a short distance below the dam,
and a small portion of an island composed of detached rock and gravel, I
am of opinion that the passage over it would be rendered safe, at all times
when there is sufficient water to pass the shoals generally.

131

„ nef of the improvements necessary to a safe descending navigation,
is estimated as follows:

r^movino- 1,325 cubic yds rock, at different places, at 40 cts., $530 00
removing 416 cub. yds detached rock and gravel, at 30 cts., 125 00
dearing°channel at two several islands, - 30 00

reducing Hardin’s dam to 4 feet in height, - - - '5 00

removing Dawsey’s dam, - - " '

removing leaning and fallen timber, snags and fish dams,

132

I was not able to obtain any satisfactory information with regard to the
surplus products of the country adjacent to the-creek; but judging from the
limited amount heretofore sent out of the stream, and the general appear,
ance of the soil, so far as it came under my observation, my opinion is, that
this stream would not become an outlet for any considerable trade, if the
obstructions I have estimated, were removed.

The lumber made at the mills above mentioned, is used chiefly in the
country adjacent to them ; and none, as yet, has been run out of the stream.

Caney Creek .—The examinations along Caney creek, embrace a distance
of about forty five miles; commencing at Bracher’s mill, and terminating at
its mouth.

The leaning and fallen timber constitute the obstructions to descending
navigation, along this stream ; and which, in many places, have almost filled
up the channel, rendering a passage out of it, very difficult and tedious.

The mode of improvement which suggests itself, is to cut up into small
pieces, the fallen timber and snags, and remove from the banks, all such trees
as project so far over the stream, as to interfere with the passage of boats.

On the whole distance, I have estimated; $20 as the average cost per mile,
of removing these obstructions; making an aggregate for forty five miles,
of $900.

The lands along this stream, as far as it was examined, are generally of
good quality, and where cultivated, yield a considerable amount of surplus
produce. Where they are not cleared and cultivated, they are covered with
large and valuable oak and poplar timber.

There was shipped out of Caney creek, during the last year, about 200
hogsheads of tobacco, with other produce, such as corn, pork, &c.; amount¬
ing, in all, to about five hundred tons.

There is also a considerable quantity of lumber made at Bracher’s and at
Knight’s mills; the former situated at the point where the examinations
were commenced, and the latter about two miles from the mouth of the
creek. This lumber is used principally in boat building, and for other pur¬
poses, in the surrounding country ; none, as yet, having been sent out of the
stream for a distant market.

By the expenditure of a smaller amount than that estimated, the naviga¬
tion could be much improved ; and if the whole amount proposed, were ju-r
diciously applied to removing the obstructions before mentioned, it would be
as safely navigated as Rough creek, to which it is tributary.

Very respectfully, your ob’t serv’t,

W. B. FOSTER, Jr.,

Resident Engineer,

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

13S

Contract.

The Commonwealth of Kentucky with Joseph Wilson-
No. 1 of Rough Creelc.

-Section

„ n f an nrrreement entered into this 15th day of September,
Memorandum ol an a d ei'dit hundred and thirty eight, by and

in the year ot our Loid ■ Kentucky, by William 13. Poster, Jr., Resident
between the ^of said* Commonwealth, of the first part,

E»gi»“ r “'l” 1 Jcoml part, witnesseth: That for and ia consid-

and Joaepi 3 Q ts hereinafter mentioned to be made, the said Joseph
eration ol the pa\ work beremafter specified for

r jS£ » f .»»< ^

Wilson doth promt*;dm” on of that portioi of Rough

f!tnd unending from “Gr.on’s
SrietS Foils” to “Nall’s Upper Mills.”

„ .j, .■ _All the fish dams, trees, logs, stumps, roots, brush, snags

an??ih£ i^the channel or bed of the stream, will be disposed ol m the

following winner, to-wit • Qr reduced to a level with the low water

T v ef J S d t he materials of which theyare composed, placed wholly out of the

tssittssSb inr^SsS; $« «. ** «-*- and«.

SO as not to exceed twenty feet in l hmglth ^ ^ he bank below

- d,fv C ie°fo bo cS "pinto fotgtt not ettLIing twenty feet, and

l f of a ,d smut °s situated below the line or level of cutting timber, gen-
S aSlo £ ti immed down, so as to present no obstruction to the sale
■ " tion or landing along therbanks ot the stiearn.
ofTe co^mave sSe of The stream in the bends the trees, saplings and
. shalTbe cut quite even with the surface of the ground irom the low

bushes, shall be thoiou p . , where stooping trees occur,

timber generally. standing timber and brush shall be

134

creek, rock will have to be excavated and removed, which will be
nated by the Engineer. S'

In consideration of the work so to be done and executed, it is agreed and
understood, that there shall be paid by the Commonwealth to the°said par.
ty of the second part, as follows, to-wit:

For doing all the work before described, except for cutting the trees
abve the line or level of eight and ten feet, at the rate of forty nine dollar:
per mile in length ol said creek, to be estimated agreeably to a survey
made of said stream, by and under the authority of said Commonwealth in
1836.

For cutting timber, agreeably to the specifications, above the line of eio-ht
and ten feet—for all trees not exceeding one foot in diameter, twenty five
cents. J

For all trees over one foot and not exceeding two feet in diameter, fifty
cents.

h or all trees over two feet, and not exceeding three feet in diameter, one
dollar.

For all trees over three feet in diameter, one dollar and seventy five
cents.

For excavating earth, per cubic yard, twenty five cents.

For excavating rock, per cubic yard, fifty cents.

It is understood that the prices affixed to the above items, are to include
materials ot every description required to finish and complete the work.
Where rock or other excavations are to be made, the material to be remow
ed is to be measured before it is taken out.

No allowance will be made for bailing water; and no extra allowance will
be made in any case for the performance of this contract, beyond the sum
stipulated therein, except tor additional or extra work.

It is fui thei understood, that if any items of work necessarily occur, and
which are not described nor mentioned in the specifications, they shall be
estimated by the Engineer, and paid for according to their value.

The payments are to be made in the following manner: On or about the
twentieth day of October next, ensuing the date hereof, the Engineer shall
make an estimate ol the relative value of work done, having regard to the
whole contract, and certify the same to the President of the Board of In-
ternal Improvement, or such member of the Board of Internal Improve¬
ment as the President may designate, and upon the certificate being pre-
sented, eighty per cent, of the amount specified shall be paid to the party
ol the second part. And on or about the first day ol December next, alike
estimate shall be made and certificate granted, and the like sum of eighty
per cent, paid thereon; and at the expiration ol tw r o months after the first
of December next, and each succeeding two months, (provided the work is
prosecuted satisfactorily, and not otherwise,) an'estimate as above shall be
made and eighty per cent, paid thereon.

It is understood that the twenty per cent, retained from each and all the
estimates, shall be retained in the hands of the Board of Internal Improve¬
ment, 01 its authorized agent, as security for the faithful performance of the
woik until it shall be completed, and accepted by the Engineer, or other
agent of the said Board; when it shall, together with any balance due for
work done under this contract, be paid.

But it is expressly understood that if the party of the second part, shall

j cc t or refuse to prosecute the work, and to finish and complete it ac¬
cording t 0 the provisions of this contract and specifications, and in compli¬
ance with the directions of the Engineer who may have charge of the work
for the time being, the said Engineer shall have power, with the consent of
the Chief Engineer, to declare this contract forfeited and null and void; and
upon such declaration, the same shall cease and determine forever, and as if
it had never been made; and the said Engineer, or other agent of said Board,
rnav re-let the work; and in case of such declaration of forfeiture, the said
Commonwealth are to retain the retained per centage forever as compensa¬
tion for damages, which it is hereby agreed, by the parties, that the Com¬
monwealth shall be entitled to, in consequence of the failure of the party
of the second part to perform the stipulations of this agreement.

It is further understood that the decision of the Chief Engineer and the
Resident Engineers shall be final and conclusive in all disputes, matters and
things, relative to this contract; and each and every of said parties do here¬
by waive any right of action, suit or suits, or other remedy at law, or oth¬
erwise, by virtue of said covenants, so that the decision of said Engineers
shall, in the nature of an award, be final and conclusive on the rights of the
parties.

It is further understood and agreed that if in any case the party of the
second part shall execute any portion of the work defectively, and shall re¬
fuse or neglect to correct the imperfection, that the Engineer shall have
power to make any deduction or deductions, which he may think proper,
irom the stipulated price or prices for such work.

The party of the second part doth hereby promise to commence the work,
embraced in this contract, immediately, and to execute as much of the
work, as may be deemed practicable by the Engineer, during the present
season, and the whole work shall be finished and delivered up, on or before
the first day of December, 1S39.

It is further understood that this contract shall not be binding upon the
Commonwealth until it is approved by the President of the Board of Inter¬
nal Improvement.

In witness whereof, the parties have hereunto set their hands and seals
the day and year herein before written.

(Signed Duplicates.) WM. B. FOSTER, Jr., Res. Eng. [seal.]

JO. WILSON, [seal.]

Witness; Willis Green.

Note .—The height to which the timber is required to be cut, agreeably
to the above specifications, refers only to that portion of the stream which
is not affected by mill dams.

On the pools of the mill dams, the timber will only be required to be cut
to a height of five feet on the concave side, and to tour feet on the convex
side of "the stream, and the same, viz: four feet in the straight portions of
the stream above the surface of the pools at the dams, and will raise with
a regular inclination, so as to arrive at the height set forth in the specifica¬
tions, at the head of the mill pools.

WM. B. FOSTER, Jr. Res. Eng.
JO. WILSON.

Approved,

J. T. Morehead, P. B. I. I.

13(3

The Commonwealth of Kentucky with Harrison D,
Section No. 2 of Rough creek

'ONTKACT,

Memorandum of an agreement entered into this 14th day of September,
in the year of our Lord, one thousand eight hundred and thirty eight, by
and between tiie Commonwealth of Kentucky, by \V m. 15. Foster, Jr., Resi-
dent Engineer and authorized agent of said Common wealth of the iirst part,
and Harrison D. Taylor of the second part, witnesseth: that for and in eon.
sideration of the payments hereinafter mentioned to be made, the said H ar .
rison D. Taylor doth hereby promise and agree to do all the work specified
for the improvement of the descending navigation ot that portion of Rough
creek, designated as Section No. 2, extending from “Nail s upper mill,” t 0
the town of Hartford.

Specifications .—All the fish dams, trees, logs, stumps, roots, brush, snags
and timber in the channel, or bed of the stream, .will be disposed ot in the
following manner, to-wit: The fish dams will be removed or reduced to a
level with the low water mark, and the materials of which they are com¬
posed, placed wholly out of the way of the navigation. The trees, logs,
snags and timber, will be cut into lengths not exceeding twenty feet; the
stumps and roots will be cut-down even and level with the low water sur¬
face, and the brush trimmed and cut so as not to exceed twenty feet in
length. Where trees, or parts of trees, logs, &c., are lying on the banks,
below the tops, they are to be cut into lengths not exceeding twenty Feet;
and all roots and stumps situated below the line or level of cutting the
timber generally, are to be trimmed'down so as to present no obstruction to
the safe"navigation or landing along the banks of the stream.

On the concave side of the stream in the bends, the trees, saplings and
bushes, shall be cut quite even with the surface of the ground, from the low
water plane, to a point ten feet perpendicularly above it; and upon the op-
posite or convex side, to a point eight feet above the low water plane. Where
the direction of the stream is straight, or nearly so, eight feet from the plane
of low water, (perpendicularly,) shall be the height to which the timber shall
be cut on each side of the stream.

These trees, saplings and bushes, shall be thoroughly trimmed up, and the
bodies and brush cut nito lengths not exceeding twenty feet.

In cases where stooping trees occur, or trees or saplings partially under¬
mined and in danger of falling into the stream, they shall be cut down close
to the n-round, be trimmed of the limbs and brush, and cut up in like man¬
ner with those below the points designated, notwithstanding they may be
above the line or level for cutting the timber generally.

Where islands or bars occur, all the standing timber and brush shall be
thoroughly grubbed, and together with the drifts or accumulations of tim¬
ber of every description, shall be cut up into lengths not exceeding twenty
feet. At points where cutting the timber to the level designated, would ex¬
tend back upon low ground, to an unreasonable and unnecessary distance,
the height to which it is to be cut, may be reduced at the discretion of the
Engineer or agent having charge of the work. At “Bull’s Bend,” a cut-oil
will be made by excavating a ditch ten feet wide and of the same depth;
the place for which will be'designated by the Engineer.

tn consideration of the work so to be done and executed, it is agreed and
understood that there shall be paid by the Commonwealth to the said party

nf the second part, as follows, to-wit: , . .

For doom all the work before described, excepting the cutting of trees
I ove the line or level of eight and ten feet, at the rate of forty five dol-
lnrs ner mile in length of said creek, to be estimated agreeably to a survey
of said stream, made by and under the authority of said Commonwealth,

m For cutting timber agreeably to the specifications above the line of eight
and ten feet—for all trees not exceeding one foot in diameter, twenty live

For all trees exceeding one foot and not exceeding two feet in diameter,

eighty seven cents. .

D p 0 r all trees exceeding two feet and not exceeding three feet in diameter,

one dollar and fifty cents.

For all trees over three feet in diameter, two dollars.

For excavating earth per cubic yard, twenty cents-.

For excavating rock (if required) per cubic yard, seventy five cents.

It is understood that the prices affixed to the above items, are to include
materials and labor of every description required to finish and complete the
work. Where rock or other excavations are to be made, the material to
be removed, is to be measured before it is taken out. No allowance will be
made for bailing water, and no extra allowance will be made in any case
for the performance of this contract, beyond the sum stipulated therein,
except for additional or extra work. It is further understood that if any
items of work necessarily occur, and which are not described or mentioned
in the specifications, they shall be estimated by the engineer, and paid fox

138

ance with the instructions of the Engineer, who may have charge of the
work for the time being, the said Engineer shall have power, with the
consent of the Chief Engineer of Kentucky, to declare this contract for.
feited, and null and void; and upon such declaration, the same shall cease
and determine forever, and as if it had never been made; and the said En-
gineer, or other agent of the said Board, may re-let the work; and in case
of such declaration of forfeiture, the said Commonwealth are to retain the
retained per centage forever, as a compensation for damages, which it is
hereby agreed by the parties, that the Commonwealth shall be entitled to,
in consequence of the failure of the party of the second part to perform the
stipulations of this agreement.

It is further understood that the decision of the Chief Engineer and the
Resident Engineer, shall be final and conclusive in all disputes, matters and
things relative to this contract, and each and every of said parties, do here-
by waive any right of action, suit or suits, or other remedy at law or other¬
wise, by virture of said covenants, so that the decision of said Engineers
shall, in the nature of an award, be final and conclusive on the rights of the
parties.

It is further understood and agreed that if, in any case, the party of the
second part shall execute any portion of the work defectively, and shall re¬
fuse or neglect to correct the imperfection, that the Engineer shall have
power to make any deduction or deductions which he may think proper,
from the stipulated price or prices for such w r ork.

The party of the second part doth hereby promise to commence the work
embraced in this contract immediately; and to execute as much of the v r ork
as may be deemed practicable by the Engineer, during the present season,
and the whole work shall be finished and delivered up on or before the first
day of December, 1839.

It is further understood that this contract shall not be binding upon the
Commonwealth until it is approved by the President of the Board of Inter¬
nal Improvement.

In witness wdiereof, the parties have hereunto set their hands and seals,
the day and year herein before written.

(Signed Duplicates.)

WILLIAM B. FOSTER, Jr. Rts. Eng., [seal.]
II. D. TAYLOR, [seal.]

Witness,

J. W. Crow.

Note. —Ti ie height to which the timber is required to be cut agreeably to
the above specifications, refers only to that portion of the stream which is
not affected by mill dams.

On the pool’s of the mill dams, the timber will only be required to be cut
to a height of five feet on the concave side, and four feet on the convex side
of the stream, and the same, viz: four feet in the straight portions ol the
stream, above the surface of the pools at the dams, and will raise with a
regular inclination, so as to arrive at the height set forth in the specifications,
at^the head of the mill pools.

WM. B. FOSTER, Jr. Res. Eng.,
II. D. TAYLOR.

Approved,

J. T. Moreiiead, P. B. I. L

r vtb act The Commonwealth of Kentucky, with JohnS. Eaves, Sanders

C Eaves and Wm. A. Eaves, on Sections 1 and 2, Pond river

TviWnnANDCM of an agreement, entered into this eighth day of October,

• VP- 11 - of our Lord, one thousand eight hundred and thirty eight, by

tlie veal 01 OU ’ - • " " ■ ' y, by William B. Foster, Jr.,

„ _id Commonwealth of the first

and William A. Eaves, of the second
consideration of the payments hereinafter
Sanders Eaves and William

and between the Commonwealth of Kentucky,

Resident Engineer and authorized agent of salt
mrt and John S. Eaves, Sanders Eaves a— ...
part, witnesseth: That for and in j------

mentioned to be made, the said John S. Eaves,

a Pinves do hereby promise and agree to do a. » .

for the improvement of the descending navigation on that portion ot 1 ond
dveC’ 6 designated as Sections Nos. 1 and 2, and extending from a point
where the Hopkinsville and Greenville road crosses the same, to the Island

^Specifications.-- All the fish dams, trees, logs, stumps, roots, brush, snags
and timber iu the channel or bed of the stream, will be disposed-of in the
following manner, to-wit: The fish dams will be removed, or reduced to a
level with the low water mark, and the materials of which they are com-
nosed, placed wholly out of the way of the navigation.

P The trees, logs, snags and timber, will be cut into lengths not exceeding
fifteen feet; the stumps and roots will be cut down even and level with the
low water surface, and the brush trimmed and cut, so as not to exceed fif¬
teen feet in length. Where trees, or parts of trees, snags, &c., are l>in G
along the banks, below the tops, they are to be cut into lengths not exceed¬
ing fifteen feet; and all roots and stumps situated below the line or level of
cutting timber, generally, are to be trimmed down, so as to present no ob¬
struction to the safe navigation and landing along the banks of the stream.
On the concave side of the stream, in the bends, the trees, saplings and bush¬
es, shall be cut off quite even with the surface of the ground, from the low
water plane to a point ten feet perpendicularly above it; and upon the op¬
posite or convex side, to a point eight feet above the low water plane.
Where the direction of the stream is straight, or nearly so, eight feet from
the plane of low water (perpendicularly,) shall be the height to winch the
timber shall be cut, on each side of the stream. These trees, saplings and
bushes shall be thoroughly trimmed up, and the bodies and brush cut into

lengths not exceeding fifteen feet. ,

In cases where stooping trees occur, or trees or saplings partially under-

1 .i r> • . .1 i __ 4-1,__ ^Unll K/-» nnt drvum

140

shall be taken down, and the materials of which it is composed, shall be
placed along the right shore (descending,) so as to be out of the wav of the
navigation. B

In consideration of the work so to be done and executed, it is agreed and
understood, that there shall be paid by the Commonwealth, to the said par
ties of the second part, as follows, to wit: 1

For doing all the work herein before described, except removing ]\j or .
gan’s old dam, and cutting timber above the lines of eight and ten feet, at
the rate ol forty dollars per mile in length, of said river; to be estimated
agreeably to a survey of said stream, made by and under the authority 0 f
the said Commonwealth, in the year 1836.

For cutting timber, agreeably to specifications, above the lines of eight
and ten feet: for all trees not exceeding one foot in diameter, ten cents.

For all trees over one foot, and not exceeding two feet in diameter, twen
ty five cents.

For all trees over two feet, and not exceeding three feet in diameter
fifty cents. ’

For all trees exceeding three feet in diameter, eighty cents.

For removing Morgan’s old mill dam, eighty dollars.

It is understood and agreed that the prices affixed to the above items are in-
tended to include materials and labor of every description, required to finish
and complete the work. Where rock or other excavations are to be made, the
material to be removed, is to be measured before it is taken out, and a price
estimated for the same, by the Engineer or agent having charge of the work.

No allowance will be made for bailing water, and no extra allowance will
be made in any case, for the performance of this contract, beyond the sum
stipulated therein, except for additional or extra work. It is further under¬
stood, that if any items of work necessarily occur, and which are not de¬
scribed or mentioned in the specifications, they shall be estimated by the
Engineer, and paid for accordingly.

1 he payments are to be made in the following manner:

On or about the first day of December next ensuing the date of this con¬
tract, the Engineer shall make an estimate of the relative value of work
done, having regard to the whole contract; and certify the same to the Pre¬
sident of the Board of Internal Improvement, or such member of the Board
of Internal Improvement, as the said President may designate; and upon
the certificate being presented, eighty per cent, of the amount specified shall
be paid to the parties of the second part; and at the expiration of two
months after the first day of December next, and of each succeeding two
months, (provided the work is prosecuted satisfactorily, and not otherwise,)
an estimate as above shall be made, and eighty per cent, shall be paid
thereon. r

It is understood, that the twenty per cent, retained from each and every
estimate, shall be retained in the hands of the Board of Internal Improve¬
ment, or its authorized agent, as security for the faithful performance of the
work, until it shall be completed and accepted by the Engineer or other
agent of said board; when it shall, together with any balance due for work
done under this contract, be paid. But it is expressly understood, that if the
parties of the second part shall refuse or neglect to prosecute the work, and
to finish and complete it, according to the provisions of this contract and
specifications, and in compliance with the instructions of the Engineer who

; ' ‘ ig ( the said Engineer shall

of the Chief Engineer, to declare this contract
l such declaration, the same shall cease
and as if it had never been made; and the said En-
of said board, may re-let the work; and in case of
the said Commonwealth are to retain the re-
, as compensation for damages; which it is here-
that the Commonwealth shall be entitled to, in
of the perties of the second part, to perloim the

the decision of the Chief Engineer and Resi-
shall he final and conclusive, in all disputes, matters and
and each and every of said parties do heie-
other remedy at law orother-

__; so that the decision of the said Engineers

of an award, be final and conclusive on the rights ol the

mav have charge of the work for the time_beui:
lf e power, with the consent c
forfeited, and null and void ; and upon
and determine forever,
gineer, or other agent

such declaration of forfeituie

tamed per centage forever
by agreed by the parties

consequence of the failuie
stipulations of this contract.

It is further understood that
dent Engineers...... --

things, relative to this conti act
by waive any right of action, suit or suits, or o
wise, by virtue of said covenants
shall’, in the nature c- .

Pa it ti isfurther understood and agreed, that if in any case, the parties of the
1 nnrt shall execute any portion of the xvork defectively, and shall
neglect or refuse to correct the imperfection, that the Engineer shall have
power to make any deduction, or deductions, which he may think pioper,
from the Stipulated price or prices for such work.

The parties of the second part do hereby promise to commence the w o k
as soon as thereto directed by the Engineer, and to execute as much of the
work as may be deemed practicable by the Engineer, during the piesent
season; and that the whole work shall be finished and delivered up, on 01

tipfnre the first day of December, 1S39. . , . .

b It is further understood, that this contract shall not be binding upon the
Commonwealth, until it shall be approved by the President of the Eoaid ot

tn' whereof." the parties have hereunto set their hands and seals,

Approved,

J. T. Moreiiead, P. B. I. I

Appointment of , and instructions to, JohnW. Powelp, Superintendent of

Muddy river.

Rtjmsey, Ky., August 28, 1838.

Mai. John W. Poweep: ,

Sir— You are appointed Superintendent of the work to be done for the
improvement of the descending navigation upon Muddy river, lou w
procure the necessary tools, implements, &c., and proceed to the executi
of the work—commencing at the mouth of Muddy river, and piogiess up-

14a

wards, to the mouth of VVoli Lick. That portion of the stream which will
be affected by the slackwater formed by Dam No. 3, across Green rive
should be first attended to, and the obstructions removed before the water
shall have raised, so as to submerge any obstacle that would interfere with
the safe descending navigation. You will employ as many hands as mav 1»
necessary to an economical execution of the work, and proceed withdn!
diligence, so as to accomplish the whole work during the present season ir
practicable. > 11

The obstructions to be removed, consist principally of fish dams, rocks and
lags in the channel, and ot leaninrr trees aimin' the hnnl’c Tho stooping

, 7 . * *—uiwuw me ucun\s. Siooninp

tiees along the banks should be cut close to the ground, and trimmed unanH
cut into lengths not exceeding fifteen feet.

The snags in the channel should be cut off even and level with the sur-
lace of low water; and where drifts or accumulations of timber occur thev
should be cut loose, and into lengths of about fifteen feet, in order that thev
may pass out during high stages of water.

Rocks which are in situations to obstruct the navigation, should be ro
moved,

Should any other obstructions come under your observation, and which
aie not mentioned, you will exercise your best judgment and discretion in
regard to them. 1

Your compensation will be at the rate of two dollars per day, and neces¬
sary expenses, while engaged in the performance of the duties herein en¬
joined.

You will keep an accurate account of all monies received and expended
by you, with proper vouchers to accompany your account when rendered.

Un the 3Uth Aovember next, you will make out an account current; and
at the end of every month thereafter, while engaged in the performance of
this duty, an account will be made out, exhibiting your receipts and expen¬
ditures on account of the work, which will be submitted to the Engineer or
agent of the Board of Internal Improvement, who may, for the time beine
have the supervision of the work; and if approved by him, you will be
credited accordingly.

You will conform to such further directions in regard to the work, and
keeping and rendering your accounts, as may hereafter be given; and sus¬
pend and close your operations, whenever thereto directed by the Engineer
or agent of the Board of Internal Improvement.

lou will, after entering into bond to the Commonwealth, with approved
secunty, receive from James R. Skiles, Esq., at Bowlinggreen, from time to

thTwork SUmS ° f m ° ney ^ may be Ilecessar - V t0 enable you to prosecute

This appointment will be submitted to the President of the Board of Iu-
ternal Improvement, for his approval or otherwise.

Respectfully, yours, &c.

WM. B. FOSTER, Jr.,

Resident Engineer ,

Approved,

J. T. Morehead, P. B. I. I.

143

Report on the Kentucky River Navigation.

Frankfort, Ky., ?

December 1, 1838. j

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky t

Sm: The following statemeut in relation to the progress and condition of

thp Kentucky River Navigation, is respectfully submitted.

Funner ?he early part of the season, a series of freshets in the Ohio and
Kentucky rivers, prevented the contractors from commencing or resuming
L ma3 onry of the locks, at as early a period as was desirable. After sev¬
eral "well directed, but fruitless endeavors, on the part of the contractors, to
effect this object, the masonry was not generally resumed until the latte
e * r Tnlv- nml ot lock No 1, (owing to the peculiar situation of that
Ef to hie tack water of the Ohio river,) not until the 20th August. Since
hat peSd (he season has been peculiarly favorable-both nvers have
been It their extreme lowest stage, and the whole of the works have piogres-

^The'foUowmgare'a fewKemot’important particulars, in relation to
the several locks and dams under contract and in progress:

Lack No. 1—near the mouth. The foundation of the walls below the
breastwork, is nearly all laid. The land wall is built up to a height of about
11 feet and it is hoped that this and the river walls, Will attain such a
height before the close of the season, as will enable the contractois to make
an early commencement in the spring. The coffer dam sustained no inju¬
ry from the spring freshets, and still remains perfect.

} Loc/c No. 2—Six Mile Ripple. The whole of the foundations have been
laid, and the walls built up to a height of about 10 feet, which places th.
work measurably beyond the reach of ordinary rises of the livei the dam

abutment pit has been partially excavated. , ,

Lock No. 3—Cedar Ripple. Condition of the work similar to that ol

N i,oc£. No. 4—near Frankfort. This lock is further advanced toward com¬
pletion than either of the others. The walls are built up to a height of
about 21 feet. The abutment pit is partially excavated

Lock No. 5—above Frankfort. The walls are carried up from 13 to 15
feet in height, and are above the reach ol ordinary freshets. Abutment pi

eX< Dams.—No progress has been made (toward their completion) beyond
the delivery of materials, and the partial excavations for the abutments.

The following table exhibits the amounts and aggregate valui
and materials procured or delivered, at each of the sites,
of the last estimates made, on or about the lrf of December,

LOCKS AND DAMS,

ITEMS.

Masonry, perches, -
Cut stone, perches, -
Rough stone, perches, -
Dam, filling, yards,

Sqared timber, feet,

Round timber, feet,

Six and eight inch plank, feet,

Two and three inch plank, board
measure, feet, -
Excavation, earth, yards, -

Excavation, rock, yards, -

Incidental, dollars, *

Estimated value, dollars,

Table — Continued.

Masonry, perches, -
Cut stone, perches,

Rough stone, perches,

Dam, fifing, yards, -
Squared timber, feet,

Round timber, feet,

Six and eight inch plank, feet, -
Two and three inch plank, board mea
sure, feet, *

Excavation, earth, yards,
Excavation, rock, yards, -
Incidental, dollars, -
Estimated value, dollars, -

No. 1.

No. 2.

1,820

1,930

690

658

1,289

1,473

608

5,000

2,380

22,261

11,000

4,720

22,400

15,000

4S,600

76,500

23,500

9,000

3,100

4,755

2,200

250

39,238

33,709

LOCKS AND DAMS.

AGGREGATE.

No. 4.

No. 5.

5,882

3,518

15,533

469

1,002

3,805

927

1,692

6,327

2,400

10.40S

8,950

8,800

72,068

17,600

14,860

49,OSO

10,500

4,000

76,090

31,300

46,000

202,400

26,193

16,468

91,454

800

3,416

17,596

430

175

3,430

51,400

41,753

203,597

Although the progress of the works toward completion, for the current
. has been very fair, all things considered—it has yet, not realized the
expectations entertained in the early part of the season. As the circum¬
stances connected with this subject are already familiar to you, a repetition

of them is deemed superflous. AT „ ,

With extraordinary exertions, the completion ot locks and dams Nos. 2, 3,
and 4, could possibly"be effected next year; and of Nos. 1, and 5, the year
following but whether this will be effected or not, is a question depending
almost exclusively upon the favorableness of the season, and upon the
amount of labor called into requisition for its accomplishment.

For particulars relative to the incipient stages of the improvement—de¬
scription of sites —quarries, &c. &c., I would beg leave to refer you to
my last year’s report.

Very respectfully,

M. R, STEALEY, Res. Eng. Ky. Riv. Nav.

Report on the Licking River Navigation »

Office of the Resident Engineer, )

of the Licking River Navigation, \

Covington, November 3 Oth, 1838.

I have the honor to submit the following report upon the operations on
the Licking river navigation, during the present year.

On the 24th of October, 1S37, five locks and dams were placed under
contract on the Licking river, which were calculated to make a navigation
of 51A miles in length, and overcome a descent in the river of SO feet: and
the contractors were required to commence procuring and delivering the
necessary materials for the construction of the works by the 1st day of
January, of the present year.

It was understood at the time of entering into the contracts, that the
stone, for building locks Nos. 1 and 2, was to be procured from some of the
good sand stone quarries pn the Ohio river; and early in the season we
were informed by the contractors for those locks, that they had piocuied a
suitable quarry, situated li miles from the Ohio river, and about 116 miles
above the mouth of the Licking river, and that a competent loice was em¬
ployed in stripping the quarry and constructing a railroad from it to the
river. The quarry has since been examined at three seveial times, and it is
believed to be a good one, and capable of yielding more stone than will be
necessary for the construction of two locks. The railroad has also been ex¬
amined; it is constructed entirely of wood, and is deemed sufficient for the
delivery of all the stone produced from the quarry.

The contractors for Nos. 1 and 2, have also procured a steamboat lor
towing, and six large boats for transporting the stone. 1 hey made an effort,
early in the summer, to commence the delivery of their stone, but the two
19 [App. to S. J.]

boats, with which they made the trial, owing to the early commencement
of the dry summer we have experienced, and the low water in consequence
were grounded on a sand bar, 18 miles below the quarry, where they have
laid all the summer—the water never having' risen sufficiently to float them
until within the present month. They have now Commenced delivering
stone, and landed the first boat load at No. 1, on the 24th inst. The quarry
s sufficiently stripped to yield about 5,000 perches of stone, about 1,000 of
Which have been got out. By the permission of the Board of Internal Im¬
provement, two estimates of stone have been made at the quarry, amount¬
ing to about $2,500.

At lock No. 3, the contractors commenced at an early date to examine
the hills, adjoining the lock site, for a quarry that would yield such stone as
was required by the specification. They first opened one back of the lock
site, at the distance of about 400 yards, Avhich only yielded inferior lime
stone, in strata from 4 to 7 inches in thickness ; and at a later period, they
opened one in the bank of the river, a short distance above the lock site,
which they have continued to work until the present time, although it has
proved incapable of furnishing any of the face stones for the lock walls.
They have been for a long time convinced that-, without opening new and
better quarries, it would be impossible for them to comply with their con
tract, and this fact has been urged upon them so strongly and repeatedly,
without their having made any other than mere coup d’oeil examinations
for better stone in the vicinity, nor any arrangements to procure suitable
stone from any other vicinity, that I have felt it my duty to suggest to you,
as I have more than once done, the necessity of exercising the power given
us by the contract, of declaring it null and void, for inability or negligence
in prosecuting the work in ar proper manner.

The contractors have continued to work at the quarry in the river bank
during the summer and autumn, with- an average force of about 15 men,
and on the 1st day of the present month,-had only obtained 300 perches of
stone, which are of inferior quality. The quarry is, however, so near the
lock site, that the stripping will furnish the stone filling for the dam, which
has been estimated to the amount of 3,000 perches.-

The contractors having been especially notified that it was indispensable
that some arrangements should be immediately made for procuring the face
stones and coping for the lock walls, on the-day of October, they in¬

formed me that they had engaged with the owner of a quarry at Rockville,
on the Ohio river, to furnish them with as much sound stone, in blocks con¬
formable in size to those required by the specifications, as would be neces¬
sary for the face work and coping of the lock; and, also, that they had con¬
tracted for the building of two boats suitable for the transportation of stone.

The contractor for locks and dams Nos. 4 and 5, at an early date, com¬
menced opening a quarry near the site of No. 5, which presented very flat¬
tering indications of the quality of the stone it would probably yield, but
the appearances proved, after a fair examination, deceptive. He made
another excavation in the same vicinity, which also produced stone of an
inferior quality. He made a third effort to find a suitable quarry, by making
an excavation in the side of the hill next the river bank, at a point 2 miles
below the site of No. 5, and 7§ miles above No. 4. The stripping of this
last quarry proved to be so expensive, and the indications of its yielding a
large supply of good stone were so-discouraging, that the contractor, on

—

Chief Engineer and myself a letter, in which
" ''ig lock and dam

n - abandoning it, the inferiority of the stone
is own inability to execute the work. The
stones of the proper size and
more, though the

stones of the dimen-
ries in the vi-
fest, that the Chief Engineer
' ' ’ k walls might be

_ _ -~zti of backing should equal in thick-

and that the courses of the abutments might
I am of the opinion that this alter-
:» uf procuring the necessary materials
alls from the vicinity, except the face
third of the stones tor

4, was re-let to Palmer and
y ,__j soon after that date,
the vicinity, and at a later pe-

tractor for No. 5 died, and the
He had procured some ma-

a first of Tune, addressed the _ -■ p

he requested to be absolved from his contract 1 or constructing

J\r 0 . 4, alleging as his r

worries in the vicinity,- , , ,

mnrry which he last opened, lias yielded some
SitY for the lock walls, and is capable of yielding many
expense of obtaining them will be very gieat.

About the 1st of June, the difficulty o procuring
sions required by the specification, from the lime-stone quai i
cinity of locks Nos. 3, 4 and 5, became so maml
was induced to consent that the backing stones of the loci,
reduced in thickness, so that two courses «
ness one course of face stones, a— -
be reduced to six inches in thickness,
ation has removed all the difficulties of juocuung

for the construction of the lock w;-- —

stones and copings, which will require about one
each lock to be obtained from some other places.

On the 15th of June, lock and dam No. ' ,

Guiou, the contractors for Nos. 1 and 2 -and very

LOCKS AND DAMS,

DENOMINATION

Cut stone, for lock walls, perches, -
Rough stone, for lock walls, perches,
Rough stone, for abutments, perches,
Stone filling, for dam, yards, -
Lock irons, pounds,

Dam irons, pounds,

Hewed timbers, feet, lineal,

Round timbers, feet, lineal,

Earth excavation, yards, -
Rock excavation, yards, -
Cutting and clearing, dollars, -

Estimated values, dollar:

Table— Continued

DENOMINATION,

AGGREGATE,

Cut stone, for lock walls, perches,
Rough stone, for lock walls, perches,
Rough stone, for abutments, perches,
Stone filling, for dam, yards, -
Lock irons, pounds,

Dam irons, pounds, -
Hewed timber, feet, lineal,

Round timber, feet, lineal,

Earth excavation, yards, -
Rock excavation, yards, -
Cutting and clearing, dollars, -

Estimated value.

Four of the lock-pits and three of the abutment-pits have been excavated
as low as the solid rock this season, and there is no leason to doubt but they
will afford good foundations for the walls.

By your directions, I have caused the channel to be excavated across the
ledge of rocks at the mouth of the Licking river into the Ohio, to the depth
of 20 inches at the lowest stage of water ever known in the Ohio river
This channel is now 1250 feet in length and 100 feet wide, and its direction
is in the line of the resultant of the two forces formed by the currents of the
two rivers. Its execution required the removal of abont 3,000 cubic yards
of stone and slate, aboutb00 of which were blasted under water. It is be¬
lieved that it will not fill up, and its depth, in ordinary seasons, will never
become less than three feet. The total expenditure of this improvement

LOCKS AND DAMS.

No. 4.

No. 5.

130

500

7,720

10,33S

2G3

4,764

1,500

3,000

2,424 04

1,273 60

, vpr locks but cramped the ability of the contractors in quarrying
tW °l The serious difficulties encountered in discovering stone quarries on
more. lhe * tnf the river were wholly unexpected. The abandonment
Tons £e contracts, and the death of a contractor, are among the causes
of retardation, proper to be icaUe to build the locks and abut-

.wo Sol” sites, and <S lay about 3,000 perches of masonry a.
nl6 i the upper ones, provided No. 5 is re-let in a short time, which is
each ot the U PP C ’ h b in „ done would insure the completion,

now nearly certa n This much bei^ ^ ^ ^ l and and all the

d tonry work at toother locks. The final completion of the whole work
Tw mrder contract, may be expected by the autumn of 1811.
n I have the honor to be, sir,

Very respectfully, &c., T n ,\r

N. B. BUFORD, Res. Eng. L. R. N.

Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

Report on Louisville Turnpike Road in Jefferson county.

Louisville, (

July 19 th, 183S. \
partof SfiBg

riedtM to^ive^h^best ground for the present located portion-

11 feet high, and must be built of sand stone After pas is mg tl is cie ^

flat piece of land commences, and extends about /00 feet ’ J, 1& '' , . sand

raised by taking earth from the side ditches, when you reach another sand

150

ridge that extends to the farm of Mr. Magruder, a distance of one mile
At this point the knob lands approach near the low lands, and from the com
stant flow of water from their basis, the road bed will be difficult to drain-
in consequence of which two large ditches have been estimated to carry off the
water. The form and dimensions of which are shown in the accompanying
fig. 2* of the cross section of the road-bed. After passing the basis of these
knobs, the lands, though low and level, will be easily kept drained by similar
drains to those before referred to, (in fig. 2.) For the sections No. 11 and
12, which passes Kemp’s old tavern, or Scott Jones’at present, a higher and
dryer location could have been made, by laying farther east; but on an ex-
animation, I found some deep ravines to cross, and the line would sever and
cut up some very valuable farms. From Jones’, the line was kept near to
the edge of Clear pond, for the first half mile of section No. 13, when this
pond is crossed. In this portion of this section, the road will be easily
drained. At this point the Clear and Long ponds are within 400 feet of
each other. The best line would have been to keep the road near the east
side of the Long pond to near its outlet into Pond Creek; but on examin¬
ation I found that the work extending 4f miles up the Ohio river, from Salt
river, and under contract, all grubbed and cleared; and unless it was aban¬
doned, would force me to cross Long pond—this course was adopted. It
requires a heavy embankment, and a twenty feet bridge. This pond, in the
summer season, is dry, and in floods has from one to three feet of water in
it. The bottom is a soft black mud, based on a hard and tough clay. The
bridge abutments will be seven feet high, based on a timber foundation.

After crossing the Long pond, a dry and high sand ridge is followed for
the residue of the distance, to the end of Heed’s contract.

By reference to the schedule, this distance will be found to be nine miles
and twenty nine and one half poles. The cost of this same length of road
is $20,379 67, or $6 97 cents per pole, including bridges, and all items of
work required to complete the same.

This road is to be graded 50 feet wide, and all timber cleared which
stands within 30 feet of the centre line. The road bed will, in all cases, be
a semi-ellipse, having a transverse diameter of 50 feet, and semi-conjugate
diameter of 1 foot.

The lands over which the line passes are sufficiently undulating to cany
off the water; and in all cases the side ditches will communicate with a
natural drain or culvert. The culverts are not to be less than two feet in
their spans—and several of three feet spans have been adopted.

The grubbing is of the heaviest class. The masonry is placed at rates
higher than usual, owing to the great scarcity of stone. For detail prices,
&c. I refer you to schedule G.

This road is to be put under contract the first of August.

A line has been run over the four and five eighths miles, next to Salt riv¬
er, and sold to Joseph Reed. I understand that this four and five eighths
miles are contracted to be completed and McAdamized for $2S,000. "The
residue of the distance, to the mouth of Salt river, is 2707 feet, at the edge
of the water in Salt river. The water surface of the river was found to

*This plate is omitted, because it cannot be well represented in ordinary letter press printing.—
[Pub. Printer.

Culvert ma¬
sonry.

Grubbing.

Length of
section.

Perches.

•-J

i li i- i nn pn frnm the river to Coleman Lewis' taiern,
Measure 240 feet, an of the turn pike, south of Salt river, 24S7 ieet,

Sun-^dSance 5124 feet, exclusive of the distance across the river not

under contract. raised fifty nine feet and four tenths higher than

I found the flood of the stage it was in when the survey

the surface of the water i above the low water mark,

was made,wluch was Gated obeab^ ^ At ^ point when the

making the t ° t f a ™ ] a o ^ curS) the water in the river measures from 14 to
15fS in Spth^^^g^enat^the j^ree

filed in proper time.

Which is submitted with respect.

H. J, EASTIN, Res. Eng.

Schedule G,

Price.

SECTIONS

Dolls. Cts,

2 50
2 50
2 50
2 50
2 50
2 50
2 50
2 50
2 50

Six,

Seven,
Eight, -
Nine, -
Ten, -
Eleven,
Twelve,
Thirteen,
Fourteen,

Total cost,

Masonry in
abutments.

Perches,

Dollars.

Total cost.

SECTIONS;

No.

SECTIONS.

No.

Six,

Seven, -
Eight, -
Nine,
Ten,

Eleven, -
Twelve,-
Thirteen,

Total cost,

Six,

Seven, -
Eight, -
Nine,
Ten,

Eleven, -
T welve,
Thirteen,
Fourteen,

Schedule G—Continued.

Excavation. Price. Surplus ex- Price. Embank-

cavation.

ments.

Cubic yds. Cents. Cubic yds. Cents. Cubic yd s .

Schedule G—Continued.

3,063

3,680

8,176

4,939

5,919

S,605

8,861

4,266

572

953

1,639

2,012

1,342

6S6

2,704

1,938

Schedule G—Continued.

Cost of each
section per
pole without
bridge.

Cost of each
section with¬
out bridge.

Cost of each
section.

SECTIONS.

Six,

Seven, -
Eight, -
Nine, -
Ten, -
Eleven,
Twelve,
Thirteen,
Fourteen,

Total cost
Contingencies,

Total cost,

Average cost per pole-
-$6 36.

Length of line surveyed—9 miles, 29.5 poles.
$6 97. Average cost per pole, without bridges-

154

Report on the Louisville Turnpike—Elizabethtown to Salt Rive'-.

Engineer’s Office, 2S th Jane, 1S38.

I have attended a sale of fourteen sections of the Louisville Turnpike road
between Louisville and Elizabethtown, on the 21st inst.; the bids were nu¬
merous, yet high; the contracts were taken by James F. McCague, Nathan¬
iel Pyke, B. B"Edmonson, and John S. Culley ; the contract is tiled as closed
by the directors and the above named contractors, for your inspection. The
price for grading, grubbing, clearing and masonry,, is at $5 25 per lineal
pole, the grade to be forty feet wide. For stoning the roadway, eleven dol¬
lars, nine cents and one half per pole—the metal to be IS feet wide, and 1

foot in depth. This road will cost for grading, $1,6S0 per mile, and the

stoning $3,550 40 per mile. Total cost per mile, $5,230 40. This contract
is to be closed on the 10th July, 1840.

A few points on this line would make a tolerable road without stoning,
say two sections. I consider it important to stone the whole road, as it will
be" much more traveled than any portion of the road south of the mouth of
Salt river; and, I fear, unless it is stoned, will be too soft and yielding to
answer a good purpose as a road.

The whole travel of the country south west of Elizabethtown concen¬
trates at Elizabethtown, and passes this road to Louisville; and the greater
portion of the produce carried in wagons, and shipped from the mouth of
Salt river; and all the goods vended in the Green river country at present,
are hauled and transported over it. I consider the sales at fair rates, and
the contract was closed under my direction.

Which is respectfully submitted.

IIENRY J. EASTIN,

Resident Engineer.

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky .

Sirs:

Elizabethtown, 31sZ May, 1838.

Under your direction, a survey has been made of that portion of this
road, lying between the top of Muldrow’s Hill and the five miles formerly
sold, next Elizabethtown; the distance, as located, is thirteen and ninety six
hundredths miles.

The surface of the country being undulating, and some of the dividing
ridges high, and affording but few suitable points for passing them, those
points requiring the lightest grades were selected. I have also selected the
best ground, -without regard to direct lines ; and the road, as located, pass¬
es around the hills, and not over them.

A grade of two degrees, was adopted, and in no case does the elevation
exceed one foot in twenty eight and sixty five hundredths feet. The align-

155

„«»t is circuitous, though no curve is so short as to render the traveling

dangerous. , , , having, for the first three miles from the

The coun iy ravines passing through it; the lands are all

southern end of he ^ad, deep >r l J ^ T1 | re will be no brid ges

a span' than two ieett there tviU he r,

STh ?%££$ soncfand clay'loam; in wet weather a» deep,
h^h^ston^irgeneiSlv^lue^^tm^^on^pactlimestone; the hill sides and

The Lmaston.,.1 had ™ varyin „ in distaB te front the edge of

Se'road bed to o°ne and a half miles, the greatest scarcity exists on the

lh ?f,allStSn™ nSSmente are light having preferred to increase

^Th^e^requentl^occursllibltflands, cmand near the tops of the ridges^

S'to early off "the water. There are more or loss of those tvet lands on

fine 7 Jfth a drain on each side, sunk not less than fifteen inches belowrthe

^The stone roadway i^o^^ight

prepared by thmChiet £ngi^eer ow ^ fonn a cover equal

S'foLu°inchLTu depth, over the whole surface of the pavement. Tins will
m ^ e printed &recti^ turnpike roads, a specification,

5s3HSSSS5;?3gg

sssstss-sass

will be made so soon as the duties of the Engineer service will permit • a
copy will be sent to the president and managers, and the original, with the
original field notes, filed in the Engineer’s office of the State of Kentucky.

Schedule E. exhibits, in detail, in tabular form, all the work required to
complete this road. By an inspection, the total cost of the fourteen miles
will be seen to be $69,306 46. The cost of grubbing and clearing, grading,
masonry in the culverts, drains, ditches, and all the work, except' the stone
cover of the roadway, is $22,015 45; or $1,572 53 per mile; the stone
roadway will cost $47,291 01, for 14 miles ; or from $10 37; to $11 per
pole. To the total cost, I have added ten per cent, for contingencies, &c.
making the grand total cost, $76,237 10; or nearly $5,445 50 per mile.

Of the utility of this road, none doubts, -who have the prosperity of the
country through which it passes, properly in view. It is the great highway
from the city of Louisville and the north western States; and during the
seasons of the year when the Cumberland and Green rivers are at too low
a stage of water for steamboat navigation, or when the navigation is check¬
ed by ice, all the carrying trade is done on it, for the States of Tennessee,
Alabama, and the entire southern and western parts of the State of Ken¬
tucky. The travel on it is large, perhaps greater than on any road in the
State.

What profits the stock in this road will yield, must depend on the manner
in which it is constructed; if well made, and does not require too much re¬
pairs to consume the tolls, a dividend of from 5 to 7 per cent, will be the
maximum, and from 3.1 to 4 a minimum per cent, at all risks. The profits
may safely be set down as equal to any road in which the State has an in¬
terest.

In executing this survey, much aid was derived from the surveys previous¬
ly made by R. P. Baker, Esq. The notes were taken with a theodolite, by
L. J. Berry, and kept by R. Akin, my assistants; and the estimate made
jointly by the corps. Those young gentlemen are fully competent, and dis¬
charge their duties faithfully.

By a resolution of the board of managers, this road has been advertised
to be sold on the 20th June next; and, it is expected, will be speedily com¬
pleted to the mouth of Salt river.

I was attended, on this survey, by three of the managers, to wit: Major
James Crutcher, John L. Helm, and Daniel Haycraft, Esqrs.; to them,
the corps are under obligations for their attention.

Which is respectfully submitted.

HENRY J. EASTIN,

Resident Engineer .

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

And to the President and Managers of the Louisville Turnpike road Co .

Schedule E.

Louisville Turnpike road from Frierear’s to top of Mul
droid’s Hill-

ivmate of the

Grubbing. Price per
pole.

Length of
section.

sections,

irteen.

Totals,

Add ten per cent,
for contingencies.

Grand total cost, -

Masanry in
perches 25
cubic feet.

Price

per

perch.

Perches. 1

01s. Cts.

162

1 50

10S

1 50

162

1 50

1S9

1 50

162 I

1 6C

162

1 5(

10S

1 5(

1 51

135

1 5 1

189

1 5

10S

1 5

108

1 5

1.S09

Schedule E—Continued

Embank¬
ment in cu
bic yards.

Excavation

Extra
excava¬
tion in
cubic
yards.

Cents,

Seven,

Eleven

Twelve,

Thirteen,

Fourteen

Totals,

Add ten per cent,
for contingencies,

Grand total cost, -

Seven,

Schedule E—Continued

Stoning Price Total cost Average Cost of road
road way. per of cost per per section

pole, each section, pole, without stone

sections

Dolls. Cts. D. Cts. Dolls. Cts. D. Cts. Dolls. Cts.

1,639 53

1,008 01

wo, -

1,673 OS

1,390 S6

'our, -

1.613 3S

1,924 74

319 64

2,051 4S

318 25

1,S44 09

1,168 24

Nine, -

1,618 24

2,014 07

Eleven,

1,754 75

16 55

Twelve,

1,1SS 20

13 SI

Thirteen,

1,126 27

15 SI

Fourteen,

22,01o 45

Totals, - - 4,468 On

Add ten per cent,
for contingencies, -

Grand total cost, -

Cost per mile

Schedule E—Continued

Cost of me¬
tal per
section.

SECTIONS.

REMARKS

This section ends on black oak sapling, be.
twren Syphus and Sink.

This section ends on stake 19.7, to left hand
in Rive’s field.

This section passes Irvin’s Hill, ends on stake
in field.

This section passes Mrs. Buckner’s, ends in
Haycraft’s lot.

This section passes Dr. McMurtrey’s, ends
on black jack.

This section passes Crutcher’s Hollow, ends
in Old field.

This section passes Cruise’s, ends on oak 9
feet to right.

This section passes off the Ridge, ends at D,
Sheet’s.

This section (post 34 to L) passes Wooldridge
Arbot’s, ends at Bogarts.

This section passes Thruston’s, ends on black
jack, 7.5 to right.

This section passes Rosson’s, ends on wal¬
nut, 12 feet to left.

This section passes Tarrent’s, ends on black
jack 7.5 to right.

This section passes B. Harris’, ends on large
red oak in line.

This section passes through oak woods, ends
at top of hill.

Seven.

Eleven

Twelve,

Thirteen

Fourteen

Totals, -

Add ten per cent,
for contingencies,

Grand total cost,

lei

Report on the Louisville Turnpike—Elizabethtown to BeWs.

Munfordsville, June 7th, 1838.

^The president and managers of this turnpike road, through Jas. R. Sidles,
Esq., having asked the aid of one of the Resident Engineers, in the service
of the State, to assist them in placing this work under contract properly—

contracts having been entered into on the-; “ | S: ; 7 > which

did not fix specific prices for the work to be done, and the Board of Internal
Improvement having required the contracts to be so modified as to fix spe¬
cific prices for all the work, before they would approve them—under your
directions, and the directions of the Board of Internal Improvement, with
the assent of the president and managers of this road, I have assisted them
in so modifying their contracts as to fix specific prices, for which you are re¬
ferred to schedule F, herewith filed. .

On my arrival at Elizabethtown, Mr. James Murray, the president, met
me; and the alterations proposed by you, to be made in the location under
which the contracts were originally made, not having been completed, and
the alterations having much broken up the original line of location; so soon
as the alterations were completed and the estimates made, the contracts, by
the assent of the contractors, B. B. Edmonson & Co., were so changed as
to fix specific prices, and they agreed to execute the work according to the
contracts approved by the Board of Internal Improvement, as drawn up by

yourself. . r „^

The work, as put under contract, amounted to the sum of $94,o3/ 28, or
6 dollars for each lineal pole of road, to include clearing, grubbing, grading,
masonry in culverts and bridges of less spans than six feet; the grade to be
forty feet wide, clear of the field drains; the stone cover, as contracted for
originally, was to be nine inches thick, laid in two layers of broken stone,
the°first six inches, weighing not more than eight ounces, the last three inch¬
es in depth of five ounce stone; the width to be eighteen feet. The cost per
mile, (excluding all work on bridges above six feet span,) and including all
other work, was found to be $5,240; bridges included, $5,645 per mile.—
These prices include all contract prices, ii the whole road be covered with

stone. _ .

The cost per mile, for all work, excluding bridges over six feet span, and
including all other work, except stone cover, is $1,920; the cost of culverts,
per mile, $350 47; and of bridges above six feet span, $405 32 per mile.

The price of stone cover, one foot deep and 18 feet wide, on Telford’s
plan, is $10 37J per pole.

[App. to S. J.]

The original contracts were so made, that the work was to be executed
as follows:

Grubbing and clearing by the pole.

Excavation and embankment by the cubic yard.

Masonry by the perch of 25 cubic feet.

In making the original location, the Engineer, Maj. R. P. Baker, had pur.
sued long straight lines, and encountered, in many places, deep heavy exca¬
vations and embankments. The prices paid or fixed in the original contracts
were liberal: 19 cents per cubic yard for excavation ; the prices paid for
grubbing, extravagant, to wit: $1 50 per lineal pole, the most of the dis¬
tance through barren land, and light, small growth of timber ; the prices
paid for masonry, higher than usually paid for culvert work on the turnpike
roads in Kentucky, by 30 per cent.; the excavations being in sandy soil g en .
erally, and all the work easily to be executed. At first, the contractors all
expressed an unwillingness to change their contracts. In changing the 1*
cation, the deep, heavy cuts and fills directed by you, were avoided; thereby
keeping the road bed near the surface, and saving much heavy and expen¬
sive work. In doing this, the work was thrown amongst roots, and in the
old travelled road, which is very disadvantageous to the contractor; and the
original contracts having given the company power to increase or decrease
the work, by paying the proper per centage, to be fixed by the Engineer in
charge of the work—after much consultation with the managers and con¬
tractors, I advised an amount of ten per cent, to be added to excavations
and embankments on all the changed or lightened portion of the line, and it
amounted to the sum of about $2,500 on the whole line; the grubbing lost
by the change of location, as you partly advised, amounted to $3,000; on
ail losses, say five thousand five hundred dollars.

Without going into a detail of the advantages or disadvantages of loca¬
tion, which was upon about fifteen miles, or half the distance, there has been
saved to the State and Company, nearly $300 per mile, or about $2,000.—
And in annual repairs, to remove the earth which abrades and falls from
heavy excavations, into the road drains, and washes from the edges of the
embankments, which were not unfrequently deep—and by lessening the
grades of the road, and thereby increasing the speed of the travel, fully an
amount of $10,000 more. In all, say $20,000.

The contracts have all been re-taken, by adding the tern per cent, to the
excavations and embankments, as above, on the changed portion of the line,
and specific prices fixed for all items of work.

Bridge plans, (from the office,) culvert plans, office contracts for dupli¬
cates, and printed directions for the construction of the work, have been
furnished, and the contracts and duplicates signed and delivered ; they were
filled up by myself, and nothing is left to create future difficulties between
the president and managers and the contractors, or the Board of Internal
Improvement.

The cost of the road, as now under contract, is given in its proper column
in the schedule F, fixed per lineal pole ; all of which is for your inspection.

Should any piling be necessary, and properly made, by the consent of both
parties, you (the Chief Engineer,) are to fix the value of the work.

T have le f t with the president, the following bridge plans: One for Bacon
* i. open bridge, 30 feet span; one for Valley creek, 30 feet span, (on
95 th 1 Nov. 1838,) I understand this bridge is changed to 50 feet span ;
Nolin river, 120 feet, and three of 20 feet span, for bridge run, and the forks
of Rood’s creek ; and Main Rood’s creek one of 20 leet span ; with specifi¬
cations and a duplicate for each contractor.

The contractors are generally engaged in the prosecution of their work.
Bv an order of the Board of Managers, the President, James Murray, is
directed to lay before the Board of Internal Improvement, all the contracts,
for their approval.

I feel gratified that this matter lias been amicably adjusted between the
contractors and local Boards; and now advise the Board of Internal Im¬
provement to approve the contracts, and permit the work to piogiess.

This work was placed under contract, originally, without any definite es¬
timate of the amount of work to be done; which was the cause oi any in¬
terference by the Board of Internal Improvement. All prices are now spe-

Clfied ' HENRY J. EASTIN,

Resident Engineer.

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

And to the President and Managers of the Louisville Turnpike road, from
Elizabethtown to Bell’s, or the Three Forks.

■■■■

One, ,

Two,

Three,

Four,

Five,

Six,

Seven,

Eight,

Nine,

Ten,

Eleven,
Twelve,
Thirteen,
Fourteen,
Fifteen,
Sixteen,
Seventeen, -
Eighteen,
Nineteen,
Twenty,
Twenty one,
Twenty two,
Twenty three,
Twenty four,
Twenty five,
Twenty six,
Twenty seven,
Twenty eight,
Twenty nine,
Thirty,

Thirty one,

320.

333.3

324.7

326.7

329.1

327.7

332.1
320.

295.8
320.
388.
320.
320.
320.
323.

327.7
320.
320.
320.
320.

326.4
320.
314.

363.9
320.3

306.8
320.
320.
320.

81.8

113.3

238.4

389.2

359.3
333.
358.
276.
320.
210 .
177.

25.

153.

266.

197.

275.

159.

323.

100 .

99.

168.

309.

435.

155.

260.

290.

272.

258.

282.

206.

266.

70.

Cents,

6635
2023
3664
5688
6342
41 SO
6035
4563
3396
3124
3497
6652
4414
3740
3863
4828
3473
4978
5808
4524
5328
5060
4150
4928
6323
4541
4091
9059
9212
8508
1283

Excavation
of all earth
removed over
100 ft. c. yds.

I One,

Two,

I Three,

Four,

I Five,

I Six,

I Seven,

Eight,

Nine,

Ten,

Eleven,

Twelve,

| Thirteen,

I Fourteen,

I Fifteen,

I Sixteen,

I Seventeen, -
I Eighteen,

; Nineteen,

I Twenty,

I Twenty one,

I Twenty two,
Twenty three,

I Twenty four,
Twenty five,
Twenty six,
Twenty seven,
Twenty eight,
Twenty nine,
Thirty,

Thirty one,

5235

3465

2815

1575

3479

163G

1940

1040

1187

13,018

2600

2194

2698

3790

2957

3700

1650

1900

1490

1900

1400

900

1590

3580

2198

2386

2745

874

1124

1162

765

Schedule F—Continued.

SECTIONS

GRADING LINE.

Cubic yards

Cubic yards.

Price. Embankment
removed over
100 ft. c. yds.

166

Schedule F—Continued.

SECTIONS.

Mason¬
ry dry
in perch¬
es.

rVSONHY.

Price.

No.

Perches.

D. Cts.

One,

106.6

2 75

Two,

142.

2 50

Three,

117.

2 50

Four,

242.

2 57

Five,

iso!

2 50

Six,

22S.

2 62 j

Seven,

1S8.

2 95

Eight,

150.

2 99

Nine,

150.

2 90

Ten,

148.

2 25

Eleven,

ISO.

2 77

Twelve,

250.

2 77

Thirteen, -

140.

2 77

Fourteen,

127.

2 77

Fifteen,

171.

2 80

Sixteen,

186.

2 00

Seventeen,

Eighteen,

103.

1 90

Nineteen,

120.

2 00

110.

2 00

Twenty,

R. 78.

1 25

Twenty one,

32.

2 00

Twenty two,

Twenty three,

150.

2 50

Twenty four,

328.

2 00

Twenty five,

310.

1 88

Twenty six,

213.

1 88

(

160.

1 88

Twenty seven,

)

R. 28.

1 25

Twenty eight,

120.

1 87

(

so.

1 S9

Twenty nine,

R. 33.

1 25

Thirty,

33.

1 90

Thirty one,

■

38.

1 90

Masonry
in perchs,
mortar

Perches.

190

150

290

1700

150

Price,

D. Cts.

2 87 }

3 25

2 75

3 09

352

2 87

Schedule F—Continued.

Stoning Price per
roadway pole,
in poles.

Bridges’
span in
feet.

SECTIONS.

Thirteen,

Fourteen,

Seventeen;

Eighteen,

Nineteen,

Twenty one,
Twenty two,
Twenty three,
Twenty four,
Twenty five,
Twenty six,
Twenty seven,
Twenty eight,
Twenty nine,
Thirty, -
Thirty one,

stone,

Dolls. Cts. D. Cts. Dolls. Cts. D. Cts,

One,

Two;

Three,

Four,

Five,

Six,

Seven,

Eight, -
Nine,

Ten,

Eleven, -
Twelve, -
Thirteen,
Fourteen,

Fifteen, -

Sixteeti, -

Seventeen,

Eighteen,

Nineteen,

Twenty,

Twenty one,
Twenty two,
Twenty three,
Twenty four,
Twenty five,
Twenty six,
Twenty seven, -
Twenty eight,
Twenty nine,
Thirty, -
Thirty one,

2,321 SO
1,459 86
1,898 8S
2,187 07
2,383 97
2,022 10
1,828 25
1,742 29
1,417 01
4,513 36
1,484 71
2,222 12
1,882 24
1,866 99
1,972 32
1,970 64
1,261 49
1,353 S4
1,333 96
1,424 62
1,591 64
1,499 30
1,449 10
2,366 84
2,263 41
1,852 15
1,744 18
2,039 6S
2,059 57
1,789 63
493 34

7 25

4 56

5 40

6 73

7 29
6 14
5 57
5 21
4 43

15 10

4 64

5 72
5 88

5 83

6 16
6 10

3 84

4 23
4 17
4 45
4 97
4 59

4 52
7 53
6 22

5 78

5 68

6 37
6 43

5 59

6 03

6,456 80
4,539 86
3,558 88
2,181 07
4,657 22
2,022 10
3,633 35
1,742 29
1,417 01
14,098 36
1,484 71
2,841 62
1,882 24
1,866 99
1,972 32
3,630 64
2,921 49
1,353 84
1,333 96
1,424 62
1,591 64
1,499 30

3.109 10
3,587 OS
2,263 41
1,852 15
1,744 18
2,039 63
5,379 57

5.109 63
1,342 22

7 25
5 15

5 70

6 71

7 29

6 24

7 37
6 24
6 00

15 10
6 12 |
6 12 !
6 12 !
6 12 !

SECTIONS,

Schedule F — Continued,

Cost of Price Total cost "o
each section per of -2

without pole, eachsection. §,

Schedule F—Continued

Cost of sto¬
ning each
;ec.per pole,
as sold.

contractors’ names.

One,

Two,

Three,

Four,

Five,

Six,

Seven,

Eight,

Niue,

Ten,

Eleven, -
Twelve, -
Thirteen, -
Fourteen, -
Fifteen, -
Sixteen, -
Seventeen,
Eighteen, -
Nineteen, -
Twenty, -
Twenty one,
Twenty two,
Twenty three,
Twenty four,
Twenty five,
Twenty six,
Twenty seven,
Twenty eight,
Twenty nine,
Thirty,

Thirty one,

Average prices, per pole,
Average prices, per mile, a
A verage prices, with stone
Average prices, with bride
Cost of road, -
Add ten per cent.,

Total cost,

Length of line, 30.7 miles.

170

Report on the Turnpike Road from, BelPs Tavern io Bowling ■-

green.

Bowlinggreen, Warren County, Ky., )
December 25th, 1838.

Sir : ’

In pursuance of your letter of instructions of the 7th instant, a recon
noissance, survey and estimate of this road have been made, commencing
them on Friday the 15th instant, at William Bell’s, in Barren countv
attended by Messrs. Murrel, President, Slaughter Bell and Richard Patison’
directors. “ ’

The section of country through which this line of road passes, is differ
ent from the general surface and soil of Kentucky, being denominated bar
rens. There are no natural guides as usual, to direct the route, to-wit: the
valleys of water courses, and the ridges by which those water course's are
separated. There is a ridge extending the whole length of the line lying
: \\ parallel to, and varying from a fourth to a mile and a quarter from the old

traveled road. Running water rarely occurs—the only considerable spring
being on the plantation of John White, called the Dripping Springs, which
sinks in the distance of 100 yards. This chain of highlands rises precipit-
ously from the level barren lands; the sides and base are composed of lame
masses of calcarious limestone, capped with grey sandstone—all of which
are in a cavernous and broken up condition. This high land or ridge in
creases in height as you go south-west, and varies from 100 feet to 240 or
50 feet. The sandstone is soft, disintegrates easily, and is totally unfit for
building purposes. The limestone varies in quality: the two kinds most
common, are the common and marble. They are a good material for all
purposes of turnpike road making

rT he u St ,° ne 011 the barren land ® which begins at the base of this range
j : hl g b lands, is in large lumps; the composition seems to be silax and

lime, the silax being the larger part. It is formed of concologized masses,

;i // . $ and when acids are applied, does not effervesce. It is very tough and hard,

/ r : , ; does not yield easily to the hammer. Could it be broken easily, would make

a fine cover for a road: it does not disintegrate, lies near the surface, and is
frequently connected with the limestone—all bearing the appearance of hav¬
ing been burnt and conglomerated.

The beds of calcarious limestone are not confined to this range of high
iand, but are frequentfy found in the barren lands, exposed on the surface,
and a short distance under it—varying from surface to 15 feet.

The soil is led, silicious, fertile, and kind to cultivate; the surface is slight¬
ly undulating, the valleys terminating in large sinks, which can be and are
converted into fine ponds by any process of puddling—in the road by being
rendered firm and hard by travel—in the farms and woodlands, by being
used and tiod by the stock. They drain in all instances where there is

-i' ! V -•••• .

limestone, by opening » drain to the limestone, which, under the earth, is

on a limestone substrata as

hf'ata C ° Where the limestone is not near the surface, the soil puddles easily,
and the water remains on the surface. The roads cut very deep in rainey
weather and after the winter freezes. The frost penetrates deep, and the
earth spews up, or is much opened or thrown up by its action; and to make
th ^mnent road will require to be well drained and protected from the
a P 6 * 1 . ‘ ippg silicious part of this barren land would make a fine earth turn-
prepared; but the red soil so frequently separates it

as to make a stone roadway necessary throughout the line.

The timber is red oak, post oak and hickory, on the barren lands, gener-
11 t00 sma ll for building purposes—it does not appear to be m a flourishin
cond ition l^Onthehigh land, the timber is large and fine though the sm
Is too poor for cultivation. The timber on the bottom lands of Big Barren
river is such as generally grows on the river bottoms or low alluvial lands
of Kentucky, and equally as good as any for all the purposes of the Engl-

neer or aichitect. , ,

The products of the country are corn, wheat, rye, oats, tobacco, potatoes,
peas, beans, and all the variety common to this climate and arerajdm
large quantities. Tobacco is the chief staple commodity of a ncultuie.
The s?ock of the country are horses, cattle, mules sheep and hogs, all of
which form a commerce for the country, and with the produce are vended

in the Southern States. , f

The citizens are of the first class; the farms are in a high state of culti¬
vation, and the whole country presents a prospect highly creditable to th
State, and undoubtedly no portion of her territory is more woithy of he
patronage and support in the construction of an improvement of this class.

The rivers and water courses crossed by this line of road, are but one, the
Bi^Barren, which is 226 feet wide at water surface, and has alternately a
low alluvial bottom on one side, and high calcanous limestone cliffs on the
other The bank of the stream on the alluvial side, is generally 25 feet in
height; on the cliff side, varies from 30 to SO feet. Ihe stone in these clifls
is also in a shattered condition at the surface, and rise nearly peipendicular
This stream frequently, in fieshets, overflow the bottom lands from 1
15 feet.

The line of road is located on or near the old road; the choice of ground
is very inconsiderable; the situation of the farms on the old road being such
as to forbid their being cut by the line without doing great private damage,
onl series of farms being situated on the north west of the road between
the old road and the high land, and the old road being generally so nearly
direct as to lose but little distance. The length of the line from Bell s o
Bowlinggreen is twenty three and ninety four hundredths miles, and
S oufwith a theodolite and 50 feet chain The line is divided into 24
sections of nearly one mile each, designated and marked on the ground
The stations vary in length from 25 to ^o0 feet, each having as

its proper number and reference marked on it. ,

The maximum ascent or descent is one in thirty, or an angle of nearly

172

degree fifty five minutes of grade; of this class there are hot ,r

est portion being less than one degree of ascent or descent. ’ ° Sr6al '

foo 7 16 Y lol . e lin , e Y be cleared of all timber on a width of 60 feet and as
eet giubbed and cleared of all trees, roots and stumps A culvert m- l ~
13 to be P laced road at all points whem the wftei^uld cfe

Sfe a coLuany f the ™ ad - b S, and to connect with the natural drains of

Ihe excavations are to slope at an angle of 33 degrees 42 minutes
even surface. - ■» P S« a sZoTiS

The embankments will form an angle of 33 dee- 42 m with the her,',

zz* *- “ 1 “3

«,o2st" r t“KL b :S;rS t ? e earl1 ’ -**»

The i cad-bed shall be graded 40 feet wide in all instances clear of the

3°feeTfir 10 m dmm y , The transverse action is to be leveled ’from a point
3 feet from he road dram on one side, for the distance of 20 feet the re
naming portion of 18 feet in width, shall have an eliptical shape, the semi
onjugate axis of which shall be equal to the depth of the middle part of the

mer S7 axis 1S <**, which is the width £ tieVZ

TehbrdphrSbfSi may be f ? rmed either with a pavement on the
r . ;™ 1 L ’ A ches dce P’ covered Wlth stone, broken into cubical pieces
not exceeding 5 ounces in weight, and on an average 4 inches deep and
should be so laid on as to form an elipse with a semi-conjugate diameter’ of 5
inches, and the transverse diameter 18 feet, which is the width of the pave
n(lent of the road; or entirely of broken stone on the McAdam’s plan one
foot deep or thick, and IS feet wide. They are to be put on in two K?
the first ol 8 ounce stones, broken off the road-bed and carted on and spread

until d 1 V6r ltS SUrfaCe ' This Ia >' er is t0 be rolIed with a heavy iron S
until it becomes compact and firm. It is to be raked and kept even and

level during the time the roller or travel is passing over it. The second or

the mvement 0 T ,! 7 ?° aS f |° f ° rm , aD el 1 i .P se similar to that which covers
tlie pavement. Ihe -whole is then to be rolled and raked similar to the first

la y ei. '1 ae side ditches should be cut out so that the bottom angle in the

rofrlT P ait j°ti L 'f dltC1 ’ s J iab be at ^ east 1® blcb es below the ed°e of the
load-bed, and the bottom of the ditch should descend each way fgm such

off & fmm u al ' d a f U V 5 ornaturaI drain, so that the water will pass freely
oh from the road. The earth taken from the ditches, is to be placed on

bmkS ° 16 road ' bed between the ditches and the part covered with

"honfe ?° ne ’ 77 t0 F‘l e Y 6 or 7 inches ucxt the tnettal of the road. It
should slope off towards the ditch.

thn A nf 31-6 Sped 5 C s P ecification and contract will be furnished, affording all
the necessary information requisite to the construction of this road. °

The site for a bridge has been selected over Big Barren river, opposite to

ThVwstJ m B ° w ing f re u en ’ u P° n whicb the Nashville road enters die town.
The watei surface of this stream measures 226 feet, is about 6 feet deen

vrater° The llerl'li “W feet higher than tbe surface of 'the

gravel will rermi p” \° n * mt 31 ^ e * s b ' acb ^ oam > base d on coarse hard
g- el, will lequne an abutment with a grillage foundation, placed 8 feet

173

helow the surface of the water. The south-west bank will afford a solid
5 foundation for the abutment. The bridge will have a double roadway,
each 13 feet wide in the clear, with a single span ol leet, to finish 234

161 A l planVf°t l he W abutments, bridge and specification for each, will be fur¬
nished, giving in detail the manner of construction.

An embankment is required on the north-east side of this stream, 12o0
fopi Inno- varying in height from 10 to 25 feet, and contains 43,133 yards
of earth?' It is worth 25 cents per cubic yard to build it, or $10,733 25. It
is estimated to be entirely above the overflow of Big Barren river, and to
finish 30 feet wide on top—sides to slope 1 \ to 1, rise.

A better location, that is a location lor tins bridge, could be made with

shorter bank, at or near the old bridge, 400 or 500 feet lower down the river
but being opposed, as an officer of the State, to connect one ol the great
highways with an individual stock company until this bridge site is released
toffiiscompany and the State, I shall decline connecting the survey with
this location ; the only difference in the cost of construction being in the
difference of the length of the banks, which is about 300 feet or o,667 yards,
amounting to $1,416 75. This is a considerable sum, yet if the State and
company can build this road without incurring this expense, they can do so
with it, and not be molested by another corporation severing their load.
This bridge company have sufi'ered their bridge to decay, fall down and lay
in a state of ruin for some years past, affording no public good nor conven¬
ience. The pier now in the river greatly cumbers the navigation, and should
be removed. There is nothing valuable at the site ot the bridge except the
rock in the pier and abutments, and in the pillars, and supports for the in¬
clined plane, which leads from the level of the bridge to the low flat land on
the north-east side of the river; and this stone is too small for any of the
purposes of building, but could be used for McAdamizmg, and is in value

equal to that much quarried or broken stone.

"This road is now the greatest highway connecting Louisville and the de¬
ferent points along its line with Nashville ; is as much traveled, perhaps, as
any in Kentucky; as estimated, its capacity to accommodate the commerce
and facilities of trade, are exceeded by none in the west. It will not only
combine the benefit of a fine McAdam cover, but will have alon" one entire
side a fine summer road, 18 feet wide. This additional road adds at least
30 per cent, to the cost of the excavations and embankments; yet it is in¬
considerable when compared with its advantages. The stone road, with this
addition, is saved fully two thirds of the year from travel. The saving in
repairs and the ease of the traveller when on the summer road, are more
than ample remuneration lor the additional cost. _

If this road be well constructed, no doubt is entertained that, to the citizen
I stockholders, it will yield a handsome dividend on their capital stock, l he
stockholders, generally, live in the town of Bowlinggreen, or in the vicinity
of the road. The facilities of travel and the increased value ol their prop¬
erty, should their stock yield nothing, would more than compensate them
for their capital,

-*■ JV 1 i ■> 4 *&.

The length of the line as before stated, is 23.94 mile
-eluding bridge, $169,013 54, to-wit:

Grubbing and clearing, 1,760 poles, at $1,

Common excavation, 1S5,991 yds. at 10 cts.,

Hard excavation, 30,390 yds. at 15 cts.,

Embankments, 96,990 yds. at 10 cts.'

Masonry, 1,320 perches at $1 50,

Stone roadway, 7,660.8 lineal poles, 11^

Embankments at bridge, 43,133 yds. at 25 cents,

Cost of road, without contingences,

Add 5 per cent, for contingences,

Cost of road, with contingences,

Cost of bridge over Big Barren river, 220 feet cjh
Excavation abutment pits, $638 60

5,817 perches of masonry at $3, 17,541 00

234 feet superstructure: at $30, 7,020 00

47 perches parapet walls at .$5, 235 00

Total cost of Bridge, 25,434 60

Total cost of road and bridge, $169,013 54

A schedule marked A, is herewith filed, giving in detail, the specific
amount of each particular description of work, with the prices for each It
wnl also be perceived that this road costs a sum a little higher than the gen-
eiaiity o! turnpike roads, yet it is to be recollected that the width of the
grade, width of meltal, and depth of mettal, are 25 per cent, larger than the
most ot the roads in Kentucky.

If the navigation of Big Barren river shall fulfil, (of which there is but
itt e doubt,) the expectations of the citizens, such a road as this will be
highly beneficial to her population, and to the agricultural and trading com¬
munity through which the road passes.

The population of Bowlinggreen are as commercial as any in the inland
towns of the State. The agriculturalist, (among the different classes,) find a
ready sale for all his produce; and whilst this road will be beneficial to the
citizens of the town, it is equally so to those in the adjacent country, afford¬
ing an easy and cheap line of inland transportation for their produce, to a
point or points on Big Barren, which it is anxiously expected will be in a
situation to navigate, at all seasons, in one or two years.

The importance of this road is as well and betterunderstood by the Board
ot internal Improvement, as I could desire it—comment would be useless.

Respectfully submitted.

j. JbiAoTIJN,

m _ Civil Engineer.

I o bLVESTER Welch, Esq.,

Chief Engineer of Kentucky,

And to the President of the Turnpike road from Bell’s to Bawlinggreen.

Estimate of the Turnpike leading from Bell’s tavern to Bowlinggreen.

SECTIONS.

Perches.! D. Cts.

One,

Two,

Three,

Four,

Five,

Six,

Seven,

Eight,

Nine,

Ten,

Eleven,

Twelve,

Thirteen,

Fourteen,

Fifteen,

Sixteen,
Seventeen, -
Eighteen,
Nineteen,
Twenty,
Twenty one,
Twenty two,
Twenty three,
Twenty four,

Total cost, -
Add 5 per cent.

36S.

322.3
315.

339.7

336.3
324.

363.1

293.8
337.5

321.2

322.7

297.8

298.4

327.2

339.7

318.1

333.3

321.2

324.2

351.5

316.4

199.7

270.3

Cost of bridge,
Grand total cost, -

Schedule A

Schedule A—Continued

Cents,

Yards,

Cents,

One,

Two,

Three,

Four,

Five,

Six,

Seven,

Eight,

Nine,

Ten,

Eleven,

T welve,
Thirteen,
Fourteen,
Fifteen,
Sixteen,
Seventeen, -
Eighteen,
Nineteen,
Twenty,
Twenty one,
Twenty two,
Twenty three,
Twenty four,

9S7S

7247

7337

7441

5550

6715

9510

9230

11590

7928

6664

9508

6906

7154

8538

9773

7229

7003

7879

9484

10547

8558

3340

7335

Grand total cost,

177

Schedule A—Continued.

SECTIONS.

No.

Cts.

One, -

Two, -

Three,

Four, -

Five, -

Six,

Seven,

Eight, -

Nine, - - -

Ten, -

Eleven, -

Twelve,

Thirteen,

Fourteen,

Fifteen,

Sixteen,

Seventeen, -

Eighteen,

Nineteen,

Twenty,

Twenty one,

Twenty two,

Twenty three,

Twenty four,

Feet. Dol. Per. Dols. Yds. Cents. D. Cts.

_ - 11 50

_ _ 11 50

_ _ 12 00

_ _ 12 GO

_ - 12 00

_ _ 11 50

_ _ 12 00

_ - - 12 00

_ - 11 50

_ _ 12 00

560 50 12 00

234 30 5S47 3 1928 20 11 50

11 50

Total cost, -
Add 5 per cent,

Cost of bridge,
Grand total cost, -

Schedule A—Continued.

REMARKS.

SECTIONS,

One,

Two,

Three,

Four,

Five,

Six,

Seven,

Eight,

Nine,

Ten,

Eleven,
Twelve, -
Thirteen, -
Fourteen,
Fifteen, -
Sixteen, -
Seventeen,
Eighteen,
Nineteen,
Twenty, -
Twenty one,
Twenty two,
Twenty three.
Twenty four,

Ends in a field.

Ends on hick’ry,bearing N.20d w. 20.3 off.

On black jack, 12 feet off left.

On postoak, 12 feet off.

Opposite house.

On postoak, Ref. 20 feet right.

In lane, nearThos. Ray’s.

In lane, near Patterson’s tavern.

On postoak, 10 feet right.

On oak, 16 feet to the right.

Opposite Richard Patterson’s.

At right angles to stake, 33 feet off
On postoak, 2 feet left, at stake.

600 feet S. W. widoiv Sullinger’s.

On stake, 2 ft. right, opposite Z. Taylor’s.
In Lane, 550 feet S. W. Purcell’s.

On post, 21 ft. rt. opposite Quisenberrv.
On stake, 20 ft. rt. off J. M. Blakey’s.

On sycamore, 22 feet off right.

At edge of water north, S. B. Barren.

At N. E. side public square, in street.

TotaLcost,

Add 5 per cent,

Cost of bridge,

Grand total cost,

rom Bowlinggreen to the Tennessee
line.

Report on

Engineer’s Office, J

February 9, 1S38. \

:ii Chief Engineer of Kentucky , and to the President
i Turnpike Road Company from Bowlinggreen through
ite line of Tennessee, in a direction to iSashvitle:

rant to instructions from the Chief Engmeeis a survey
nmenced in Bowlinggreen, on Thursday, the 28th oi
he south east corner of the public square and passing
the distance of 20.75 miles, pursues the best practica-
to the Tennessee State line, at a point known as the
. 0 id r oad 6.9 miles from Franklin, and 2 ! / .65 miles from

ring been run on the old road, between the points in-
3V Alonzo Livermore, Esq. and having ascei tamed that
d 5 was but little crooked, the basis ol the location was

^country^s generally undulating, and not unfrequently
loner deep sinks. There is little or no running water
S. iLncrh its fertility is vanent, in the same neigh-

ISO

afford a superior metal for the stone roadway—tfaey will be hard to break
}. he c l uari 'ies are well distributed on the line, and convenient to it from Bow
hnggieen to N. Hampton’s a distance ol 14 miles, when the quarries ar
less frequent, and are situated from 1,000 to 4,100 feet from the line. Th
si lex is in lumps, weighing from 1 to S ounces; appears to have been burnt 6
js easily crushed, and will not make a durable cover for turnpike road. ’

4 he culverts will be small, the drainage being through sinks with whink
the drains connect—not very many will be required to drain the road. "

1 ne mils are not frequent, and do not often force the alignment to deviate
from a direct line. The road has been laid around rather than over them
Sadef Preferl ' eC t0 increase the len S th of the road, rather than lay steep

The excavations and embankments are light, and will not more than re
move or cover up the loam or soil.

There is but a small portion of swamp or boggy land; that near to and
south ot ]\. Hampton’s, is the worst, and can be easily drained by crow
diaitis, and drains parallel to the axis of the road—and a small bank will
render it a good smooth hard surface for a road.

The road bed is in all instances laid on the south side of the hills, so as to
give free exposure to the wind and rain.

The grubbing and clearing are medium, the timber is oak and hickorv
and rather larger than the timber in the barrens north of Green river ’ ’

I he soil is close, hard and compact, having a red clay substrata, and will
make a fine road bed. 4

The dimensions of the road arc as follows: the road is to be cleared 60
feet in width, grubbed and graded 40 feet, with a ditch on each side to carrv
the water along parallel with the ramp of the road, until it meets a natural
drain or culvert.

The maximum ascent or descent is 1 foot in 30, and there are but few
points where this grade was required; five sixths of the road beino- a t a
grade ot from zero to one degree, or one in 57.3 feet. D

The metal of the road is estimated to be 1 foot deep and IS feet wide
1 m , ' a , n -T e o Se S ? Cll0 , n Wl11 bc !aid on a horizontal road bed—the pavement
Wl11 b f, IaicL S inches dee P> ot comical shaped stones set with their points up
l WIth ( , flat st °nes set with their thickest and largest edges upon the road bed
H hen the pavement is made ot fiat stones, or any stones that present a fiat
suiface at the top, such surface of each stone is to be broken with a ham¬
mer so as to reduce it to an edge or point; the interstices are then to be fil.

inn stone ’ carefully placed in by hand, so that all cavities

shall be filled. The filling should be raised a little above the top of the pav¬
ing stone, this being done the whole pavement is then to be rammed with a
wooden ram until the filling shall be firmly fixed between the paving stones.

The pavement is then to be covered with a layer of broken stones, laid in
the following manner: Hard compact limestone or other hard stones are to
be broken into pieces as nearly cubical as possible, and not exceeding five

andTpnt n f Wel ? ht ' r hey , are t0 be , broken at Points not on the road bed,
and kept free fiom dirt; they are to be carted on the road, and spread over

d, so that the small and large ones shall be intermixed in a manner to
cause them to pack closely together—this layer of stone should be from six
to seven inches in depth. In this road eight inches is adopted in the centre
oi the road; they will be so reduced towards the sides, as to give the sur.

181

i „„n'P tliat the cross section will be an elipse, with a semi-con-
face such a 5 incheg and a transverse diameter of IS feet. After

Sfstmtes'are levelled, they’should be rolled with a heavy iron roller until

U WthisTpSs filed a printed paper, being general directions for the
Withthis report i 1 h he President an d Directors are

SS i^-tion; also a blank contract, by which a sale

f he made (drawn up by the Chief Engineer of Kentucky.) .

13 This road will be a continuation of the road that leads from Louis*
l 1 , Elizabethtown, by Bell’s tavern, to Bowhnggreen, on to the State
thioug of the principal roads in Kentucky, over which all thetiave

l 10 "' r i ,X to Kme passes; and ,1 afford to all the southern o.tr-
' f t | lis g tat e, and the State of Tennessee adjacent, a safe transportation
f 6 the nroduce of the country, which is corn, oats, wheat, rye and the
- 1 , vSables common in the middle part of the State. The staple com-
n °lit v Warren and Simpson counties, is tobacco, and the laigest poi ion
n is purchased in Bowhnggreen, and shipped out of Barren and Green
0 L to the New Orleans Market. Tiiis road will connect itself with the
jXSe ^navigltion of Barren river at Bowhnggreen The general travel
South- the principal stock of the country driven to Alabama, Mississippi,
Louisiana, Western Georgia and West Florida, are carried over this road
The corn crops are more abundant in this, than any southern portion of the
State and affords more conveniences for the stock than any road leading 1

a S From the'se that thefoHswill at J-jjgl

werplairf through file town of Franklin. I Have selected the
Jp«s!“ ™st south, by Sirs. Moore's tavern. It will be eas.y ,trade,
.j 05 f ee ° shorter, and the grades lower than in the northern stiee .

" Schedule Zg^esTn detaifthe cost of the work required to construct such

n road with, the cost of G&chitem of woik. . c , rr» *n

A map of the road will be made as soon as the duties of the office will
pennit—one copy will be kept in the office, and one sent to the local boaid,

" Should theBom/determine to construct the road, it is desirable that it be

PU StSSffiS^mM141,691 20, or $5,487 16 per mile,
inefodin” conSgencies. And will add that the landholders have general y
released'^ the State right of way, land and materials, on and out ot which

to construct this road. HENRY J. EASTIN, Res. Eng ,

182

SCHEDULE A.

Estimate of the Turnpike Road leading front Boidinggreen, via Franklin
Simpson county, to the Tennessee line.

SECTIONS.

Length of section.

Grubbing.

Price per pole.

Masonry in perches 25
cubic feet.

No.

Poles.

Dols. Cts.

Perches.

One, -

320.

228.6

1 25

125

Two, -

324.2

1 25

Three,

321.2

121.2

1 25

Four, -

324.6

362.6

1 25

Five, -

345.4

115.4

1 25

Six,

34S.

108.

1 25

Seven, -

333.3

166.6

1 25

Eight, -

321.2

1 25

Nine, -

342.4

133.

1 25

Ten, -

315.1

4.8

1 25

Eleven,

327.2

6.5

1 25

Twelve,

351.5

245.4

1 25

Thirteen,

327.2

1 25

Fourteen,

327.2

1 25

Fifteen,

31S.1

121.2

1 25

Sixteen,

321.2

133.3

1 25

Seventeen, -

315.9

1 S8.

1 25

—

Eighteen,

322.6

—

1 25

Nineteen,

323.8

178.4

1 25

Twenty,

- ;

373.9

315.1

1 25

Twenty one,

296.9

72.7

1 25

Twenty two,

320.

235.1

1 25

Twenty three,

334.7

' 185.2

1 25

Twenty four,

- j

336.6

2 S0.

1 25

100

Twenty five,

. i

322.3

201 .

1 25

Twenty six,

320.9

121.2

1 25

Twenty seven,

306.5

1 25

Dls.Cts.

1 50
1 50
1 50
1 50
1 60
1 50
1 50
1 50

Totals,

8,841.9

5,129.6

1,295

Yards,

113201

Schedule A—Continued.

SECTIONS;

One, -
Two, -
Three*

Four, -
Five, -
Six,

Seven, -
Eight, -
Nine, -
Ten, -
Eleven,

Twelve,

Thirteen,

Fourteen,

Fifteen,

Sixteen,
Seventeen, -
Eighteen,
Nineteen,
Twenty,
Twenty one,
Twenty two,
Twenty three,
Twenty four,
Twenty five,
Twenty six,
Twenty seven,

Totals,

Price per yard.

Embankment in cubic yards.

Cents.

Yards. C

6225

4075

2797

44S0

4524

6139

4307

3S92

4034

3502

366S

3230

513S

7103

24S6

4596

177S

3469

5755

4041

4017

5 15

3147

1 15

560S

1 15

2977

3 15

4281

9 15

4317

S 15

3615

113201

■ftnrrm

Feet. Dolls. Per

Cei

its,

SECTIONS.

Schedule A—Continued.

sss

One,

Two,

Three,

Four,

Five,

Six,

Seven,

Eight, -
Nine,

Ten,

Eleven, -
Twelve, -
Thirteen,
Fourteen,

Fifteen, -
Sixteen, -
Seventeen,
Eighteen,
Nineteen,
Twenty, -
Twenty one,
Twenty two,
Twenty three,
Twenty four,
Twenty five,
Twenty six,
Twenty seven, -

Totals,

30 4 00 S5

30 4 00 85

SECTIONS.

Perches.

Schedule A—Continued.

One*

Two,

Three, -
Four,

Five, -
I Six, -
Seven,

| Eight, -
Nine,

Ten, -
Eleven, -
Twelve, -
Thirteen,
Fourteen,
Fifteen, -
Sixteen, -
Seventeen,
Eighteen,

“ Nineteen,

I Twenty,
Twenty one,
Twenty two,
Twenty three,
Twenty four,
Twenty five,
Twenty six,

■ Twenty seven,

Schedule F—Continued,

Remarks.

Marked on oak, 3 feet off
do. on dead black jack,
do. on oak.

do. on scrub oak, 3.8 off.
do. on hickory stake, 20 ft. left,
do. on blackjack, 6.1 off.
do. on black jack, 20.4 ft. off.
do. on oak, feet R. H.
do. on stake, near widow Stahl’s,
do. on black jack, 12 feet R. H.
do. on large stake,
do. on per.,bar. S.76J E. 158f. R.fL
do. on pin oak, 17 feet off.
do. walnut in field, bar. N38J W 25.8 off,
do. stake, between 2 cabins, in line,
do. stump in field, 13.5 ft. off.
do. black jack, 9.2 off.
do. percimmon, 8.6 left hand,
do. oak, in old road,
do. oak in Frank’n, br. N 5If E 29, L,
do. at Joel Hudspeth’s,
do. oak.
do. post oak.

do. percim’n, br. S 56 W, at Boyesau’s,
do. in Capt. Alderson’s field,
do. post oak, 27.8, R. H.
do. black jack, at Tennessee line.

One,

Two,

Three,

Four,

Five,

Six,

Seven,

Eight,

Nine,

Ten,

Eleven, -
Twelve,
Thirteen,
Fourteen,
Fifteen,
Sixteen,
Seventeen, -
Eighteen,
Nineteen,
Twenty,
Twenty one,
Twenty two,
Twenty three,
Twenty four,
Twenty five,
Twenty six,
Twenty seven,

Totals,

Length of line, 27.63 miles,
Average estimate per mile,

Add 7 per cent., -

Total per mile, -

Report on the Bardstown and Glasgow Turnpike Road »

Engineer’s Office, December 1, 1S38.

Sut:

The following report is made in pursuance of your instructions, as t&
the work done on the Bardstown and Glasgow turnpike road.

The length of this road is 67 miles.

The maximum grade is one in 28.65 feet, or two degrees.

The width of ground occupied by the road, is sixty feet.

The width of the grade on level lands, and on hill sides sloping less than
20 deg. is forty feet clear of the side drains. On hill sides sloping above
20 deg., the grade is only thirty feet clear of the ditches, or drains.

The work is done in the following manner:

Grubbing and clearing, where the surface of the ground was less than
three feet below the grade or plane of the surface ol the road; all trees,
stumps and roots, were grubbed out, and removed lrom the surface of the
road bed, and all timber or other perishable matter removed before the em¬
bankments were put on. Where the natural surface was more than three
feet below the surface of the road bed, the trees are cut off on a level xvith
the surface of the ground, and removed from the road bed; where the natu¬
ral surface of the ground is above the grade and grubbing, on the space to
be occupied by the road bed, the grubbing was done generally before the

S hading was commenced, and likewise removed; all the trees not necessari-
y grubbed, and which stand within thirty feet of the centre line of the road,

recapitulation.

113,201 yards excavation at 13 cents,

113,201 yards embankment, at 13 cents,
96,636 yards surplus excavation, at 15 cents,
5,129.6 poles grubbing, at $1 25,

T295 perches of masonry, at $1 50, -

2 bridges, 30 feet span each, at $4 00,

170 perches masonry in abutments, at $2,
1,4S5 yards rock cutting, at 25 cents, -
Excavation abutment pits, -
Stoning roadway, 8,841.9 poles, at $10,

Add 7 per cent for contingencies,

Total estimate,

$141,691 20
- 9,918 38

- $14,716 13

- 14,716 13

- 14,494 19

- 6,412 30

- 1,942 50

240 00
340 00
371 25
40 00

- 8S,419 00

are felled or cut down on most of the line, and the stumps are not left more
than two feet high.

Culverts .—The pits of the culverts have been excavated, where the
ground would admit of it deep enough to obtain a solid rock foundation for
the wall, and wide enough to leave a space of one foot between the sides of
the pit and the outside of each side wall. Where a rock foundation could
not be obtained, the pits were generally excavated down, so that the bottom
at the lower side of the road is not less than eight inches below the natural
surface of the ground; where the descent in the pits have an inclination of
more than one in thirty feet, a cross wall has been built under the bottom of
the lower end, deep enough to prevent the water from undermining the
lower end of the culvert, they generally extend two feet beyond the side
walls.

The foundations of the culverts, where the bottom of the pits are common
earth, gravel, &c., are made of a pavement formed with flat stones, eight
inches deep, placed edgewise, in lines across the bottom of the pit. The
part of the pavement that forms the bottom of the vaults have been made
so as to form a concave surface,the curve of which is generally in its versed
sine two tenths of the width of the chord of the culvert; under the walls,
the pavements have a plane surface. At two points, a timber foundation
was found necessary, the ground on which the culverts were to be built,
being too soft and compressible, formed of timbers eight inches deep, and
from eight to twelve inches wide, laid side by side, crosswise of the culvert;
the timbers were hewn on the top and bottom, and the culvert walls began
on these timbers. Sheet piling wrns not considered necessary, as the branch¬
es had but little descent. All the culverts.are less than six feet span, and are
built of rubble stone, laid without mortar; they are generally two feet in
•their spans ; the side walls are two feet thick, and built up vertically on both
sides, to the bottom of the upper course of stone, and then covered with
thick, strong flagging, long enough to lap one foot on each side wall; in
some cases, a thick course of masonry on each side wall, at the top, has been
laid so as to project over the side walls from three to four inches, thereby
reducing the span to 18 inches, and then the whole is covered with flags, as
before. In culverts of from three to four feet span, the side walls have
been built feet thick, and two to three feet high, when the culvert flue is
reduced, as in the two feet culverts, by letting thick courses of masonry
project over alternately, until the span is reduced to a foot or 18 inches,
then the w'hole is covered with flag stones, not less than six inches thick;
they are generally from eight to nine inches. There are no culverts over
four feet spans, and no arch culverts.

The culverts are built so long in the transverse direction of the road, as
the net width of the graded surface of the road bed, and three times the
depth of the fill over the culvert, or so as to entirely protect the embank¬
ments from abrasion, where the water leaves the mouth of the culvert.

After the culvert walls have been built, in most cases, the one foot ditch
between the outside of the back of the culvert walls and the natural ground,
have been filled with gravel, or stone chips. Each culvert, has a "wall at
both ends, which is of the full height of the side walls, extending out two
to three feet at right angles, to the back of the ends of each culvert wall;
where this precaution has been taken, the culverts and banks are all well
secured; in a few instances only, it has been neglected, and steps have been

•i

i _ to secure them, before the road is paid for. In a few places, the
« , alld s tone chips have been neglected, owing to the depth the culvert

Swas sunk below the natural surface, and the scarcity of the material to
jill up the space ; yet they appear to stand well. 1 he culverts aie all built,

„ Y „ e nt on about two miles ol this line of road. . . . ,

' In a few points, well culverts, or a culvert with vertical shafts have been
rpmiired • on the Beech Fork Hill, Landing Run Hill, and Muldrow s Hill,
Hv are well constructed, and the tops are all covered with gravel, or bro-
t-pn stone, so as to prevent the water from undermining the culverts.

Excavations. —In excavating upon this line, it has generally been found
that the banks will stand at a slope of one to one or forty five degrees ; at a
few points, in approaching CTreen river, sandy loam was passed. In this
coil slopes of one and one half to one have been used, or the banks aie left
o lope at angles of about 33i degrees. In rock excavations, the banks are
left as nearly vertical as the workmen can leave them, and they aie so cut,

is to present a tolerably even surface. .

‘ The excavations are generally lighter than on turnpike roads m Kentuc-
i, v Some heavy; expensive work occurs on the following sections . I he
& IsTsectionswhich pass the Beech Fork Hills; the 8th and 9th sections
in passing the Landing Run Hills, in part; also, the 12th, in passing Puce s
creek and the Blue Knob. At this last point, an excavation is made thro
slate and iron ore, twenty one feet deep, on an average length of one hun¬
dred yards ; also, on the 21st section, in passing Muldrow s Hill. This sec¬
tion is about one and one fourth miles long, and the natural surface of the
hill side slopes on an average, at angles ol from twenty to thirty degrees,
three fourths of this distance, the road bed is cut out of the solid, rock, the
hill side bding so steep as to prevent an embankment from standing; and
frequently, on the hill side of the road, a perpendicular stone face is present¬
ed Varying in height, from twelve to twenty feet. The next heavy work
occurs at the two sections which pass the Green river ; they are similar to
Muldrow’s Hill, not cutting so much stone; thence to Beaver creek, two
miles from Glasgow; the excavations are light, in passing over the dividing
rido-e between Beaver creek and Glasgow ; some heavy work has been done.

Embankments.— The embankments made with common earth have gen¬
erally assumed slopes of one and one half to one or 33i degrees; those
mad^ in the sandy soil, in passing Lynn Camp creek, are taking slopes ot
about two to one. The embankments are light, except at the approaches to
the Beech Fork Bridge; the average depth on the north side, for oOU ieet,
L seven feet: on the § smith side of Green river, for 1,000 feet, it averages
nine feet, and at the Rolling Fork, on the north side, for 1,000 feet, lour
feet deep. At the other small bridges, not .more high than usual, the em¬
bankments at the Beech Fork, Rolling Fork for 200 feet on each side, and at
all the smaller bridges are finished, except four. I rice s creek and Knob
creek, at three bridges, which pass the forks of the creek.

Since the first contracts were made, a large embankment has been advised
on the north of Green river, by the Chief Engineer, to avoid a circuitous
approach to the Green river bridge—reported to me, by the 1 resident, Col.
B. Doom, to cost near the sum of $4,000. .

Road Bed.— The graded surface of the road bed is made horizontal m its
transverse section; the ramp or inclination of the road has generally been
made according to the field notes, none exceeding two degiees; the dept

190

of the ditches is fifteen inches below the surface of the roadway ; thev
from three feet to five feet wide at top, and one foot wide at bottom " r n
drains all lead either into a natural channel, sunk, or are passed under 0°
road bed through a culvert, which leads to a natural outlet; no water beii/
permitted to pass over the road, under any circumstances. There will |/
but few points that will require retaining walls to protect the embankment!
in a few instances, rip rap walls have been used. s;

The company have not used a roller to compress the embankments as y e i.
they are now having some prepared, under my directions; one is finished’
consisting of two wooden wheels of three feet diameter, ironed with band.’
three eighths ol an inch thick, and twenty inches wide on the face; they
are connected after the manner of an ox cart; a body is attached, which can
be laden with stone, to give the roller the necessary weight, which is from
two to three tons. In future, all the green or newly made banks are to be
well rolled with this roller, and if the banks have settled below the proper
grade after rolling, are to be raised by carting on a sufficiency of earth to
bring the road to a proper grade. One of these rollers will be required to
each 20 miles of road. In most cases, where the banks had been made in
the winter of 1S37 and 1S3S, the rolling would have been but little use as
the embankments would have been well settled.

Fifty five miles of this road are graded, and the grade ready to receive
the stone ; the whole work is progressing, and the grading is all expected to
be closed by the first of June next.

Metal of the road. This road is under contract for two descriptions of
stoning. The wide grade is to be stoned only fifteen feet in width; the
narrow grade, 18 feet in width. The first seven and one half inches'is to
be paved on one side of the road bed, beginning at a point 2} feet from the
side drain, with hard, compact limestone, or other strong stone that is ap¬
proved by the Engineer or superintendent; the pavement to be formed of
conical shaped stones, set firmly and closely together at their base on the road
bed; the joints to be well broken, and closely fitted together; the stones to
be the full depth oi the pavement, and the height not made up by splicing,
oi setting one stone on the top of another. The flat or large ends of the
stones next the load bed are so broken, as not to exceed one foot on the
base, in length, and six inches in thickness, with the conical end up; the up¬
per end of no stone presents a surface of more than two inches in thick¬
ness, oi eight inches in length, so as to leave the upper surface open; the
inteistices of this pavement are then well filled with broken stone and stone
chips, placed in by hand, so that all the cavities are smoothly filled up,
to the top of the points of the paving stones. This pavement is examined
in all instances, belore the second courses of stone is laid. The stones for
the second couise aie broken into particles not exceeding, by contract, five
ounces, (in some cases they are larger;) they are hard, strong stone, and
kept fiee and clean from dirt. On this road, they are broken on top of the
pavement, and are troublesome to spread and keep even ; the banks are bro¬
ken up with pecks, and the large and small stones are well intermixed; .
where this is not done, the road will not wear smoothly. I have taken
means and given directions to avoid any difficulty on this variation of the
contract, which requires the stone to be broken off the road bed; this bro¬
ken stone averages five inches in depth, and is spread so as to leave the sur¬
face of the stone roadway an ellipse, the semi-conjugate diameter of which

and the transverse equal to the metaled part of the road,
e leveled, the stone roadway is to be rolled with the same
jed, (no rolling has yet been done,) to the extent that the

ntendent may direct. .

and Culverts, with summer roads .—After the stone road-
rolled. as above directed, the ditches, culverts and drains
! to give a free passage to the water; the earth

_ __ ' s will be placed on thesum-

as high as the top of the pavement, and leave
m; the" pavement and protection between the
' 1 t on that side will occupy

__• road 22 h feet wide.

to leave at intervals of one hundred feet,

i of w

e all to be cieareu um, so as lo gi.v. g i
moved from them, and the sloping of the banks
er road, so as to raise it up
in a regular elliptical for .
ge of the drain on one side, and the pavement
d f ee t; on wide grades, and leave the summer
Each contractor, by contract, is tc 1—~c zt ”

of wood, sufficiently large to obstruct the passage ot wag-

t or Engineer; so that

a LV_» L/O ^j ---1 - ° ,

•ed. and force the travel to wear the road into a smooth, even

s on the road, a man for each ten
road raked smooth and even, and

^ ___ ? _ i clear the drains of all obstruction,

:d free from the effects of water standing on it.
road are stoned, but only two miles are in a situa-

over the Beech Fork has a span ol 200 feet; will
ie clear, from the end of one iacade to the other;
ich 13 feet in the clear. The abutments are placed
ie pits were excavated to a hard black gravel, to a
below low' water plane. The foundation is made

m ulo ..,• Beech and white oak timbers were procured, in all

24 feet in length, and hewn flat on two sides, then well laid, so as to project
out beyond the face of the abutment, lour feet on the lace and back, at right
angles to the face of the abutment; this timber plat was laid so as to extend
out four feet below and four feet above the upper end of the abutments. A
second course of timber of the same size, was laid side by side, crosswise of
these, and parallel to the face of the abutment; the face of the first timber
in the second course, was so placed as to extend out six inches beyond the
face of the abutment, and was procured fifty eight feet long, so ns to extend
out beyond the ends of the abutment, four feet at each end, or far enough to
cover the timbers in the lower course; the other timbers were laid parallel,
and in contact with this, and the ends extend out at least four feet bej ond

irons— the points to be selected by the superintendent

b . ^ i i c x 1_„nl +«-» iimov Ino TnC

thev can be rnovtu} —-

surface. When this is done, the road is delivered to the company.

So soon as the travel is permitted to pass
miles will be required, to keep the stone
fill up any
so as to le;

192

charge of the work—the contractor believing the foundation did not need
it. ]\ T o piling has been necessary on this road. C

These abutments are 43.3 feet high, measured from the plane of low water
to the bottom ol the chords ot the bridge ; 52.S inches long, measured oil
the same plan; and thirty eight feet, measured on a line with the bottom of
the chords ; twelve feet thick, measured on a level, with the bottom of the
chord, and 15§ feet, measured on the plane of low water.

The wing walls, measured on a level with the bottom of the chord, are 12
feet thick, where they join the abutments, and six feet thick on the same
level, at the distance of 20 feet back from the abutment, and the same thick-
ness thence to the end of the wall. The face of the abutments batters both
above and below the water, one inch to every foot in height; the ends of
the abutments and outer face of the wing walls, batters two inches to every
foot in height; the back of the abutment and wing walls are vertical.

The walls are of coursed rubble masonry; the stretches have beds not
less than IS inches, and are at least two feet in length on the face. The
headers are fully two feet wide on the face, and are not generally less than
four feet long. The backing stones are of large sizes, and generally present
two parallel faces for beds; they are large, and contain not less than five cu¬
bic feet. The headers are placed, in each course, in the face of the walls, at
intervals of not more than eight feet, measuring from centre to centre; and
a header is placed in the back of the wall, opposite the middle of the space
between every two headers in the face; long stones have been placed across
the interior of the wall, in such manner that they do interlock with the
headers in the face and back, so as to bind the whole wall together.

The headers and binding stones are so placed, that those in any one course
are over the middle part of the space between the headers or bindinir stones
in the course below.

The stones which form the first and second courses next below the skew
backs in the face of the abutments, have their beds and joints cut, and the
upper beds are prepared (as shewn on the drawings of the bridge planes,)
and fitted to receive the stones of the next course above. The skewbacks,
or stone, which receive and support the ends of the bridge arches, are thirty
inches thick, and are four feet wide or long on the inferior bed ; they batter
on the face, as do also the other stones which make up the course, one and one
half inches to each foot rise; the bottom of these stone are set back from
the plane of the face of the abutment, six inches, so that a recess, is
formed in the face ot the wall, 6 inches deep at the bottom, and 9i inches
at the level of the bottom of the chord, and thirty one feet long; the
back ot each of the large stones which receive the ends of the arches and
bottom ot the quinn posts, has an even vertical bed prepared to receive the
cast iron shoes, in which the arches and quinn posts are placed, at their
ends. These stones, next back of the skewbacks, are thirty inches deep,
and from two to three feet wide, and the beds of the joints are cut smooth
and even ; so that, when placed in the wall, they make close joints, and give
support to the skewbacks, and prevents their yielding to the pressure of the
arch ; these stones are so connected with the masonry of the common wall,
as not to reduce its strength.

Coping of the Wings. —The manner of finishing the wing walls and pa¬
rapets, have not been fixed by the local board.

The wings and abutments above and below the water surface, are laid in
common lime and sand mortar.

Ife

, ,

f imber Superstructure.— The cap pieces of the truss frame are procured
nf yellow poplar : they are ten by fifteen inches square ; they are so long as
to require six splices; the mortices which receive the tennons of the king
Ind queen posts, are ten inches, and three inches wide, and equal in length
to the head of the king or queen posts, which is 14 2 inches.

The chords are made of the best kind of white oak timber; they have
been cut in lengths varying from thirty to fifty four feet; they have been cut
•md sawed open about four months, and are partly seasoned; they are 14
inches deep, and 7 inches wide; the notches on the inner side, to receive the
oueen and king posts, are one and one quarter inches deep, and as wide as
the foot of the post (144 inehes.) The splices are made so that those in
the line of timbers on the one side of the king and queen posts, aie opposi e
tn the middle of a timber in the line on the other side; the splices are made
hv cutting away the even face of the timbers* to be spliced one and one
fourth inches on a distance of two and one half feet on each piece, and in¬
sertin'* a piece of well seasoned white oak timber, fourteen inches wide or
deem five feet long, and thick enough to fill the space between the splice
timbers, cut away as here described, and the other line of chord timbers,
which thickness is five and one half inches; the splice is then to be secui ed
with eight screw bolts—four in the end of each timber.

King and Queen Posts.— The king and queen posts are cut and delivered,
of yellow poplar, except the six at the ends of the bridge, which rest in the

skewbacks ; they are of white oak. . ,

The king posts are 94 by IS inches square, and long enough to allow tor
a tennon of 10 inches at the top, and to extend 15 inches below' the bottom
of the chord; (this length is 17 feet 6 inches.) -

The queen posts are 94 by 14 inches square, and have the same length ot
tennon at the top, and extend below the chord the same distance at the bot¬
tom ; the middle part of the posts below the joggle joints, are cut away to
94 inches square; the notches at the bottom of the king and queen posts,
that receive the chord timbers, are one and a half inches deep, and are so
cut as to interlock with, and make close joints with the notches in the chords,
and so that the posts have the inclination from a perpendicular, at the ends
of the bridge, of one and a half inches to each foot in height.

The tennons at the top of the posts are ten inches long, three inches
thick, and equal in width to the width of the posts, which is 14 inches in the
queen, and 18 inches in the king posts.

The queen posts, on one side at the top, and on the opposite side at the
bottom, are cut away four inches, to form the joggle joints.

The braces iiv.the truss frame are poplar, 8 by 94 inches square, and ot the
length represented in the drawings, ( feet;) the joint between the

braces and head and foot of the posts, are made by cutting a plane lace upon
the side of the post, and a corresponding plane lace upon each end ot the
brace, and they are to be put together without mortice or tennon ; each end
of the brace is to be secured to its place by a spike, three quarters of an inch
square, and fourteen inches long. . , „

The arch timbers or segments are 13 inches deep, and / inches wide, ot
poplar; they are curved, the smallest arc to a radius of 31S.2 ieet,
and the pieces are generally cut so long as to reach three queen posts, 01
about 22 feet; the splices are made by a half lap joint at the posts, placed
so that the screw bolt passes through berth pieces of timber ; the splices are
25 [App. toS. J.]

194

so arranged, that two do not come upon the same king or queen post. The
foot of the arch timbers, together with the foot of each queen post, which
comes below the bottom of the chord, are to rest against, a cast iron shoe
placed between the timber and the skewbacks. This shoe has llanges on the'
sides, bottom and top, to confine the arch timbers, and prevent them from
splitting.

In raising the bridge, the chord timbers are raised or curved upwards
about 5 inches, to allow for the compression of the joints in the braces, and
in the shrinkage of the arch timbers and posts, by seasoning.

In putting up the truss frames, the chord timbers are laid first, and the
king and queen posts fitted between them, so that the notches in the posts
and chords form a locked joint, which is secured by one screw bolt, in the
bottom of each post. The cap timbers are then put on, and fitted to the top
of the posts with a notch in the bottom of the cap, to receive the head of
the post, with a mortice to receive the tennons of the king and queen posts.
The tennons are made to fit so closely in the mortices as to require the cap
to be driven down with a ram ; the braces of the truss frame are then put
in, and fitted in the joggles, and secured at each end with a spike, three quar-
ters of an inch square, and 14 inches long, driven through the end of the
brace, into the head of the post; the straining pieces are made of white oak
plank, 8 inches wide, and 2 inches thick, and long enough to fill the space
between the posts. The straining pieces are to be spiked to the bottom of
the cap.

The truss work being raised, the keys and wedges under the chords are
loosened, so as to allow the truss frame to settle, and brings the strain on the
braces ; the arch timbers will then be put on, and secured to the truss frame
by one screw bolt in each segment, to pass through each king and queen
post, or brace, and through the opposite segment. The ends of the arch
timbers will each rest against a cast iron shoe, 30 inches long from outside
to outside, and 28 inches deep ; this shoe has a flange on all sides to receive
the ends of the segments and the queen posts ; the ends of the segments are
to be fitted in this flange.

The cross beams are 8 by 10 inches square; they are notched on to the
cap pieces 4 inches, and secured by a spike % of an inch square, and 14 inch¬
es long. The cross beam, where the top braces cross it, is cut away 4 inch¬
es ; the braces are put together by cutting a notch 2 inches deep in each, so
that, when put in place, their upper surfaces are on the same level, and on
a level with the top of the cross beam ; the ends of the braces are secured in
the sides of the alternate cross beams, by'making a mortice in the side of the
beam, two inches below the top, to receive the beveled end of the brace, the
point of which is cut off, so as to present a face parallel to the side of the
wedge; this mortice is 3 inches wide. A mortice 3 inches square is made
through the cross beam, at the end ot the brace, to receive the wedges, two
oi which are to be driven into it, one from each side ; the braces are made
long enough to project a little beyond the mortice, so that when the wedges
are driven, they press against the ends of the brace; the braces are 5 inches
wide, and 4 inches deep.

The bearing beams are suspended from the cap by iron rods, so as to leave
a space of 1 inch between the bottom of the beam and the top of the chord.
The rod is 1 inch square, and passes through the centre of the cap and brace,
and the middle of the bearing beams, two rods to each beam, one in each j

end A washer, 4 inches square, of cast iron, is put on each end of the sus¬
pension rod, to prevent the keys from sinking into the timbers; a mortice
through each end of the rod, through which the key passes, is an inch and
one half long, arid three sixteenths of an inch wide; is one inch and one
half from each end of the rod ; the key is made three sixteenths of an inch
thick, and one inch wide at one end, and one and a half inches at the other,
and 5 inches long.

The bearing beams are put in on the side ot the queen post, opposite the
lower joggle Joint; each beam will be fastened to the queen posts, by three
screw 'bolts. The lower braces will be put in and secured to the bearing
beams, in the same manner that the upper braces are secured in the cross
beams; where the braces cross each other, they will be secured to the mid¬
dle of the bearing beam, by a spike one half inch square and 10 inches long.

The Floor Joists are 4 inches wide, and 8 inches deep; there will be five
lines under each roodway.

The floor plank, of oak or beech, are 13 feet long, and 3 inches thick ;
they will be partially seasoned, and laid with close joints. A line of plank,
3 inches thick and 8 inches wide, will be placed along over the ends of the
floor plank, and be fastened down with one and one fourth inch locust pins,
driven through the floor planks into the joists, put in, in the proportion of
two in each end of each floor plank.

Anchor Irons. —An anchor iron, 1 inch thick, and 3 inches wide, and 4 ft.
long, about four inches of one end of which will be bent, so as to be at right
angles with the main bar, is placed in each end of the abutments, between
two of the courses of masonry, about 9 feet below the top ol the abutment;
the bar is placed so that the bent end will turn upwards; this end stands out
from the face of the wall 3i- inches; it has a hole H inches square, in the
middle of the bar, and two inches below the end to receive the end of the stay
rod; the lower end of the stay rod is bent, so as to pass through, and be se¬
cured with a key in the ends of the anchor irons.

The stay rods, which will be placed, one at each corner of the bridge, is an
inch and a quarter square, and long enough to extend from the anchor irons
up to the top of the wall (9 feet), where they are bent, thence up through
the oak queen post and the cross beam; the end of the rod is made to ex¬
tend above the beam, 6 inches; a hole is made through the end of the rod,
2 inches wide, and $ of an inch thick; the keys are large enough to fill the
holes; a washer is placed on the end of the rod, 4 inches square, and the
keys are driven, one from each side, so that a strain is brought on the rod,
in such a manner that it will act as a tie to sustain the frame of the bridge,
and prevent it lrom leaning sidewise.

The rods which pass through the king and queen posts and the cross beam,
are 5) feet long; they have a key hole at each end, 1) inches long, and 3
sixteenths of an inch wide ; the keys are 5 inches long, half an inch wide at
one end, and 1)- inches at the other; the rods will or do pass obliquely thro’
the queen and king posts and cross beam; they will be put in, so that the
ends will reach the top of the cross beam, and the outer face of the queen
post; a notch will be cut into the side of the timber, large enough to receive
the washer; keys are to be driven into the holes, in each end of the road, so
that, by their wedge shape, they will bring a strain or tension upon it, suffi¬
cient to keep the bridge stiff’, and prevent it from leaning sidewise; the rods
at both ends of each beam, will be keyed up at the same time.

(

196

A centre plate is to be secured in its place by a spike at each cross beam
three quarters of an inch square, and 19 inches long, to be driven through
the plate and the cross beam, into the cap below ; the head of each spike
will be sunk below the surface of the plate, from 3 to 4 inches. In this plate
posts are framed, at intervals of ahout 10 feet, to support the centre rafter
plate, or ridge pole.

The rafters are 4 inches square, and are placed 3 feet apart, from centre
to centre; the sheathing will be U of an inch thick; the shingles are procured
of poplar, 18 inches long; they will be put on to show in courses 5 inches.

The studs to support the weatherboarding, will be 3 by 4 inches square,
and will be placed 3 feet apart; they will be secured by spikes, to the truss u
frame of the bridge; the weatherboarding will be f of an inch square, after
it is framed. The ends of the bridge will be finished with a plane facade,
constructed with a pediment, supported by pilasters.

The whole outside of the bridge will be painted with three coats of paint,
made of white lead and linseed oil. The roof will be covered with a thin
whitewash of lime, put on at three or four different times.

Rolling Fork of Salt river Bridge. —This bridge is 176 feet span, and is
built, in all respects, as the bridge over the beech fork, except the framing of
the chords, and queen and king posts; the chords and posts are so cut, as to
leave a space of only 1 inch between them, instead of 5, as in the above
bridge. The abutments are 31.4 feet high, and the bridge is placed six feet
above high water mark, and built as the abutments at the Beech Fork bridge,
on rock foundations.

Green river Bridge. —This bridge is 200 feet in its span, and is built or
contracted to be built as the Beech Fork bridge, in all respects. There is
but one abutment required; that is built or building on a grillage foundation,
placed in as those at the Beech Fork; it will be 52 feet high. There is a
natural limestone cliff on the north side, which affords a fine site for a
bridge, and forms one abutment of the bridge. These three bridges, with
the abutments, are building, by Morehead, Carothers & Co. The truss frame
and abutments at the Rolling Fork, are up, and out of the reach of high
water. At the Beech Fork, the abutments, with the exception of a small
portion of each wing wall, are finished, and the contractors are now en¬
gaged in raising the truss frame of the bridge. It is expected that it will
be secured by the 10th of the present month. At Green river, the abutment
is about 40 feet high, and the contractors busily engaged in the progress of
the work. The chords, king and queen posts, caps, and portions of the other
timber of the bridge, are being procured. These contractors are in all re¬
spects faithful, and in most cases fully executing their work up to the speci¬
fications prepared under the immediate directions of the Chief Engineer of
Kentucky. The bridges are of the first class, equal, if not superior, to any
in the western or middle States; they expect to complete them by the first
of June next.

The bridge of 60 feet span, over Beaver creek, is built on a plan, with a
single roadway, in all respects similar to the Beech Fork bridge ; the abut¬
ments are also of like stone masonry, and thirteen feet high. Messrs. Boone
& Hall are the contractors; they have their timber on the ground, and well
seasoned ; the whole is in a full state of progress.

There are eleven other open bridges over the following water courses, and i
pf the following spans: One over Landing Run, 40 feet span ; a branch of

HENRY J. EASTIN,

Resident Engineer,

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

, , R ,• t _ n . p r i C e’s creek, 30 feet span ; south fork ot Price’s

Price’s creek, three*of 20 feet span, over the forks of Knob creek ; a

creek, 30 feet span ; hiee^of JO teet sp^ . & 3Q foot span over the south

30 foot span o over the south branch ot the south folk ol

fork of Nolrn, and a j . p sup ported on well built stone abut-

fcolin. These . have 7 string or chord

^ents, raised so as to * / eet ° pans , are hewn S by 12 inches square
pieces; those. o 1-^, ^ in the middle of each string; and are thence

at the ends,iccrHn a reaular semi-elliptical form ; the floors are laid with
to the ends, i educed in a i eg pj inch locust pins,

6 inch oak timber,.and secuied tcMhe k are protected by a plain,

1 i each end ot eacheii each parapet walls are' built, or
« ek, f rAiIe S& » the' heil„. - 3 fee. 4 inches,

^l 2 f 40 feefopen bridges have 7 chords or string pieces, and are 8 by 12
T m the ends and § by IS inches in the centre; of a regular semi-el-

rSd shape -The floor and sides finished as the 50 feet span 1 hese bridges
liptical shape, ti e ]ineal po i e for constructing the road bed.—

r I nle A w ll fliew he cost of each particular portion of the work, with

£££ Ug* each. m .-e C 4 ,o

hto! r young Engincec-hc having hah

E”“S to regularly vii'ted J line from once to twice per month, since

‘^rrSm'ave gteAhy faithful and indnstrions, and are engaged in
the execution of their several contracts. necessary State aid is

i r rrVirido-es The work not under contract, is for stoning 31 miles ot
mad estimated” to cost *125,000. This sum, added as above, to the work
Inder Itract, the aggregate cost of the whole work, without ^

contingencies,

Add 5 per cent, for contingencies,

Grand total cost,

$446,000 00
22,300 00

$46S,300 00

Report on the Louisville Turnpike Road.

Engineer’s Office, )

g December 1st, 1S38. j

1 re P 0l ; t S lves d ?tail the condition, length, dimensions and cost
ot the Louisville Turnpike Road. 0

r I his road is irom the south west boundary of Louisville to the Tennes

$981,382 ^s!’ 14j ' 6,:> m ‘ leS ’ aUd k estimated . to cost the aggregate sum of

JPrj™* 1S divided into four division as follows: From Louisville to
Elizabethtown is 44.5 miles, estimated to cost the following sums:

Finished in Jefferson 5 miles,

Finished in Hardin 7 miles,

Under contract in Jefferson,

Under contract in Hardin,

Not under contract in Jefferson,

Not under contract in Hardin,

The second division is 49.54 miles long, ex¬
tends from No. 1 to Bell’s—and costs as
follows:

Under contract, ....

Not under contract, ...

The third division extends from Bell’s to
Bowlinggreen, a distance of 23.94 miles:

Under contract, -

Not under contract, ...

The fourth division from Bowlinggreen to the
State line is 27.65 miles, costs as follows:

Work under contract, ...

Work not under contract, -

$30,141 65
32,500 00
50,79S 58
104,475 00
114,880 50
3,160 50

$335,956 23

124,977 44
206,388 79

121,079 82
45,485 5S

124,975 97
22,418 55

331,366 23

166,565 40

147,394 52

Grand total cost includes 5 per cent for contingencies, $981,282 38

™S a L P ° r i ti0 u ° f th ! Y° rk , hl division No - 1. has been completed some two
yeais, was badly graded, and stoned with a stone not weHsuited to turnpike
roads-m part the stone are good. The road bed is badly drained, and the
stone road needs many repairs. There is a toll gate taking toll on the first

I Tint nart under contract, except four miles and a fraction, next the mouth
If stlt river, is only to be grubbed, cleared and graded. On this portion of
t line the road is sixty feet wide; the graded surface fifty feet wide, clem
I t e side drains. The four miles next the mouth ol Salt river have been
| n l' r contract for two or three years, and the contractor, Joseph Reed,
1"“ to progress slowly—the residue, being nine miles, is progressing
Ineedilv, except one section; the grubbing, grading and masonry, are com-
Creel That portion not under contract in No. 1, consists of stoning nine
Ss at the average cost of $5,000 per mile. The stone will be hard to
Procure, not unfrequently to haul from one to two and one hall miles; also
n fractional distance laying between Reed’s contract and the mouth ot Salt
Bfver, and includes the estimated cost of a bridge over Salt river near its

That portion of the finished work in Hardin county, is first three miles
to West Point. This work was built by William Carrico, and as the woik
I't Louisville was badly drained and graded, much expense and labor has
been expended in draning this road this fall. The road bed is fifty feet v\ ide
—the stone way is sixteen feet—the first six inches are a pavement, the les-
idue being three inches, are broken stone, weighing about seven or eight
fpunces; they will consolidate slowly. This road is not first rate but much

I The next two miles reach the summit of Muldrow’s Hill, this road is
Iraded thirty feet wide so far as finished—it is the original contract of Ham¬
ilton and Gibson, which was abandoned by them. The work is now pro-
tressing well, having been divided into several small contracts. The stone
load way up the hill is to be twenty feet wide, and one foot deep: the first
light inches of conical shaped limestone, and the last four of broken haid
lone or limestone, laid on so as to be six inches deep in the centre.

I The next 13 miles and 30S poles reach to the five miles put under con-
i|ract some three or four years since, next Elizabethtown. This work has
111 been commenced except three miles ; it is all in the progress of prepara¬
tion-much of it has been graded, and the line is generally cleared and
J grubbed. The contractors are delivering some stone. The culverts are
^v-ell built. The road is cleared 60 feet in width, and to be graded 40 feet
■clear of the side drains, and will have a stone road way IS leet wide, and
one foot deep, laid as that up Muldrow’s Hill.

f The five miles next Elizabeth are all completed except a small part of the
fifth mile, which is graded—the width of grade and metal as that in .Tcflei-
son and the mouth of Salt river. It needs some culveits and drains to

I ake it a first rate road. , , . .

That portion not under contract in Hardin is forty three hundredths ot a
ile from the Union Hall in West Point to the end of Carrico’s contract,
estimate it to cost $3,160 50. It will be difficult to stone, and the con-
actor must suffer great inconvenience from the travel.

Division No. 2.—This work is under contract to a point about ninety
ales north of Munfordsville court house. The distance is thirty and sixty
iree hundredths miles; of this distance eleven and one ball miles aie to
e stoned, and nineteen and thirteen hundredths only graded. The toad is
xty feet wide—to be graded forty feet clear of the field and side drains;

500

the stone road way is to be egliteen feet wide and one deep, as on the part
from Elizabeth to Salt river, last put under contract.

The unfinished portions of the grade are in progress; five miles are re-
ported to be graded and ready for the stone, and the stone nearly prepared
for that distance—much of this road may be completed the ensuing year,
The contractors are progressing with this work, as the President, Mr. James
Murray, informs me, as fast as the means ol the company will permit.

That portion not under contract, consists of stoning the residue of the
distance from Elizabethtown to Munfordsville, and in the whole of the road
from that place to Bell’s, including the bridge over Green river. The whole,
by the surveys and location, estimated to cost, with contingencies, $206,.
3S8 79.

Third. Division .—This line extends from Bell’s io Bowlinggreen, a dis¬
tance of 23.94 miles, of this distance 22.44 miles are under contract—the
work has all been commenced and in a lull state ol progress. The line is
chiefly all grubbed and cleared, and the grading and culverts on portions of
the line done. The contractors are preparing stone. The road is sixty
feet wide, and forty feet are graded clear of the side drains—a field drain
will be used when necessary.

That portion not under contract consists of a bridge over Barren river of
200 feet chord, and one and a half miles of road which lays in Bowling,
green and adjacent to the bridge site, estimated to cost $43,319 60. The
bridge and abutments are estimated to cost $25,434 60 of this sum.

The fourth Division .—This extends from Bowlinggreen to the Tennessee
State line, 27.65 miles; is all under contract, except the stoning of six miles
and twenty one poles south of Franklin, estimated to cost $22,41S 5o,~
The work is all, except three miles, progressing, being generally grubbed
and cleared—the grading is commenced on many of the sections; also the
building of the culverts—and the whole will be in active progress by the
first of January next.

The contractors on this part of the work are generally stockholders, and
I am informed by the Presidents of both this and the third division, that in
the next season ihey, with the aid of the State, expect to nearly complete
those divisions. The maximum grade on divisions No. 1 and 2 is two de¬
grees—on 3 and 4, one in thirty, or 1° 55'.

The work now doing on the whole line is of good quality. Each division
has a superintending Engineer: Thos. N. Eastin has No. 1, R. C. Hewit,
Esq. No. 2, Loyd J. Berry No. 3, and Robert Aikin No. 4. Thos. Eastin
has been engaged for the last four years in road making. Messrs. Berry
and Aikin are young gentlemen commencing their profession, and with the
necessary aid and instructions will have a good road constructed.

For the divisions Nos. 1, 3, and 4, a roller is ordered to roll the road bed
previous to laying the metal, and roll the metal after it is laid.

All of which is respectfully submitted.

HENRY J. EASTIN, Res. Eng,

To Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

201

settling the point at which the Scottsville Road should cross
Tennessee line .

Report on

Engineer’s Office. )

May 4 th 1S38. \

, the 18th April, 1838,1 met the Directors and Engineer of the Gal-
i N as hville Turnpike Road, from the State of Tennessee in co -
a^withtlie President and Directors of the Glasgow and See tsvdle
ke Road, and after canvassing the different points propos 3
, roaSs at the State line. It was agreed that the point fixed by my
and report of the 9th February, 1838, at a benchmark on an oak at
Hce of the grade of the road bed, and in the State line. ,

Directors of the Gallatin Turnpike Road have put their road1 under
110 this point, to be completed for the travel by the 1st of Januaiy,
i by the 1st of September, 1841, to have the whole d^ance stone^
mtinuous turnpike road-to Nashville. This distance r &

Nashville is reported to me by the Engineer of the Gallat n turnpiKe
^tht ma^Xfrom Louisvifle,by way of Bardsto^a^ aad
:- mc ; 190 miles. This distance is from the intersection of Jeiieis

■eston streets, m Louisville. HE nR Y J. EASTIN, Res. Eng.

Report on Muldrow 1 s Hill.

Engineer’s Office, /

December 1, 1838. \

MRl This report will exhibit the state of the Turnpike Road over Mul-

dl This work is in three divisions. The first lays between the two hills and
is 180 poles in length, it is nearly finished; some work on a s maH bndg^
and the drains, with a portion of small stone, are required-it has been
use for a year—it stands well. At $18 per pole, costs $3,24U.

The second division is for the putting on the stone^on that portion of he
road graded by Smith, 242 poles, at $14 per pole, $3,388. This an oik nas

been completed, except the clearing of the road diams. „ 1

1 r a in s I l

\ t

The last division extends from the end of this work to the south bant- hr
the Rolling Fork, 32S poles at $18 50, is $6,068.

This work is completed with the exception of laying the stone on 42 pole.'
of road, which is expected to be completed by 25th December, instant, this
whole work is well executed with a few exceptions, which will be remedied
before the work is received. The total cost of this work as contracted to he
made, by Henry Saunders and D. Singleton, is, - $12,844 00

Amount paid them, up to 10th October last, - - ' 6,717 05

Balance due the contractors, 10th October last, - $6,126 75

The length of this contract is 750 poles. The portions made by Douglas, & Co
S,725 poles, in all 1478 poles, or 4.61 miles, and will cost the sum of jfesfo’
493 88 . ^

Under the act of the last Legislature authorizing a bridge to be built over
the Rolling Fork—under your directions I attended to a sale of said bridge
on the 20th August. The height of the abutments from the plane of low
water will be 28 feet. The masonry to be of the best rubble, laid in lime
and sand mortar. The span of this bridge is 150 feet, and is to be constructed
in all respects as the bridge over the Beech Fork of Salt river, on the Bards-
town and Glasgow turnpike road, to which reference is made for the details.
The prices to be paid lor the work is as follows: For excavation of earth
above water, 15 cents per yard. For excavation of earth below water, 40
cents per yard. For excavation of stone or rock, 75 cents per yard. For
embankment per cubic yard, 25 cents. For rubble stone masonry per perch

of twenty five cubic feet, $3 20. For timber superstructure, with a double

road way, per lineal foot $30, to be measured from the outside of the fa-
cades, or the entire finish of the bridge.

^1 have made no alteration in the last estimate of this work, which is $ 11 ,-
679 50. The work was sold at prices a shade above the estimates, the net
amount cannot be ascertained until the work is finished.

A specification and contract are filed in the office for your inspection, as
executed under an order of the Board of Internal Improvement on the 12th
October, 1S38, by the contractors, Messrs. Mooreheads. Tliev are ex¬
perienced contractors—they have commenced their work, and expect to
complete it within the coming year.

I have not made a settlement witli the gate keeper for the current year,
at this work. Since my last report I have collected and paid to the Treas¬
urer of the Sinking Fund $350. There is yet a balance due from John G.
Chiles, Esq., as the gate keeper informs me—he is to pay his tolls quarterly;
so soon as the proper settlement can be made, it will be reported.

Respectfully,

. ' H. J. EASTIN, Res. Eng.

yj 1 must again call your attention to the fact that the old road over
this hill is still open, and the whole or nearly all the horse travel avoids this
toll gate; a law should be passed compelling the old road to be closed.

c , TTr HENRY J. EASTIN, Res Eng.

Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

the Franklin county port ion of the Crab Orchard Road.

Report on

’ Under an order of the Board of Internal Improvement an examination
has been made, and re-survey of the same made on that part ot the turn¬
pike road from Franklin county to the Crab Orchard, which lays m Frank-
L coun ty. The distance constructed by this Board on the late measure-

men t is_poles; thirty poles of this road also lays in Franklin county,

which was constructed by the Anderson county Board of Internal Improve-

The President of the road, Mr. John Shields, and Captain Hackley at¬
tended, and pointed out the sections of road built by the several contractors.
They were found to be of the following lengths, to- wit:

As measured. As given by Mr. Saundeis.

Clark and Gibbs, - - 219.27 poles, - - - ^27 poles.

J. D. Shields, - - - 221.45 do. - - - 208, do.

R. French, - - - 222.84 do. ^21 «}o.

John Sheets, - - - 127.57 do. - - - ° ( °-

I W Bennett, - - 41.50 do. - f ‘°-

B Bennett, - - - 153.70 do. - - - 166 do.

J. W. & B. Bennett, - 207.45 do. - - - 203 do.

Total, . . - 1193.78 poles, - - - 1219.25 do.

Difference measured in centre of the road 25.47 poles.

I have examined the contracts—some of them have been finished as re¬
quired by the superintendent, others have not been completed.

First. The contract of Clarke and Gibbs requires, on the west side of Col¬
let’s Fork of Benson to the Louisville turnpike road, a distance of sikteen
poles, to be graded, and the stone to be quarried, hauled and broken, at $14
per pole, amounts to $224, at the contract price.

The contract of B. Bennett, 153.7 poles, is also incomplete. It is about
two thirds graded and grubbed—some of the culverts are not completed,,
and what culverts have been built are in bad order.

The contract of Richard Pemberton for the construction of the bridges
over Collett’s fork of Benson and Benson creek, are both incomplete m su¬
perstructure and masonry. The superintendent reports that it will take
$677 S7 to complete the bridges. The contractors are progressing on part

of their contracts. . .

I consider no part of the road complete; the culverts want repairing; the
drains and side ditches have not been cleared out, owing to this cause, the
water puddles by the side of the road bed. There is a balance due the con-

•204

tractors on each section, more than a sufficiency to put the road in good
order.

I have also examined the list of stockholders, and find that individuals
have taken and paid, as informed by the President of the company, $650 00
Contractors stock considered paid, - - - 5,450 00

Total stock subscribed, ----- $6,100 00

I am fully persuaded that no definite amount of stock has been subscribed
by the contractors; but their understanding is, that on the completion of
their contracts, the)' are to take one fourth of their contract price in stock,
There seems to be an understanding that the contractors’ stock can be in¬
creased at pleasure. See paper marked B, which was handed to me by the
President and Secretary of the Board.

By the statement above referred to, it appears that the total cost of the
road without contingencies is $20,S3S 7S—contingencies $1,669, in a ]j
$22,507 78. That the company have paid to the contractors $10,948 12,
cash. In stock and cash $16,398 12; and that they owe the contractors
when the road shall be completed $4,443 15, which is due the’following con.

tractors, to-wdt:

To Clark & Gibbs,

$616 50

“ J. D. Shields,

451 00

“ R. P. French,

397 42

“ John Sheets,

119 64

“ J. W. Bennett,

331 50

“ B. Bennett,

1765 S7

“ J. W. & B. Bennett,

73 35

“ Richard Pemberton,

392 87

“ Richard Pemberton,

•

2S5 00

To this sum Mr. Saunders has added, (without
specifying for what purpose,)

$4,443 15

300 00

Making, ...

$4,743 15

As the balance due to contractors. On an additional scrap of paper filed
with this report, the Board will find that the sum of $4,743 15 is brought
down, and has added to it $257 00 as a balance due contingencies, which
makes $5,000; the two sums of $300 and $257, was said to be for extra
work and the balance that it will take to superintend the completion of the

road.

The stock now owned by the State is - - - $11,614 00

The stock of individuals, .... 650 00

Contractors stock paid in work, - 5,450 00

Subscriptions now asked for, .... 5,000 00

Will make the total cost, .... $22,714 00

This makes the road and bridges, including all expenses, cost $18 62 per
pole, or $5,958 40 per mile. The grade of this read is 32 feet in width, and
covered with metal 18 feet wide. The first layer of stone are, by contract,
to be broken so small as to pass through a 2£ inch ring. The second layer
to be laid on 12 feet wide and inches deep, and broken so small as to |

This amount ol stone nas geueiany ^ f
■end to some extent. On most of the contracts
middle of the road and 7 inches on the

uniplefed, the contractors will necessarily re
would suggest the propriety of paying no mo
until their contracts are certified tc
t Engineers or by the superinten
Bennett, whose work will require ;

mss through a 2 inch l ing.

J m the road, though it has spr
it will now measure 9 inches in the

BEKSthe contractors
be finished, either by one ol the lesidcn
dent of the road, excepting B. & J. 1
i se estimate; and for the balance in h,
be economically applied, and aid furnished
company have a toll gate up, and aie
lion to the other toll gates, in
bears to five miles.

This road presents an
prepared to say, with all the evi
beyond the other roads ol the State,
not be countenanced in future. I -
built for cash at the rate ol

St °There is another example set by this Board, for w

fitiedouhuSo 1 'faSmembers of the Board
stock has been cancelled without paying any money,

'nT“dXtl f "ose“ SX Ten days srnce

acres, stone, superintendence, and the pay
i s uch paper has not come to hand.
filed with this report for your inspection.

A map of the road is also ready for inspection ,

the centre of the road as now made and ljefore statefo -- . the * drains

f is thirty two feet wide; the banks ai e vou ^ J ^ b] r ock | ding . The

are all in bad order—and the load ' ' ad fa bed was formed of a con-

grades vary from zero to three degie s. centre than at t h e sides. Ow-
vex eliptical shape, five inches 1 • gl road way has a rise in the

ing to the manner of laying the rr
centre of fifteen inches in the m
endanger the passage of wagons

keep the same track.

. . , . ■(’.11 -+

Which is res;

taking toll. The rates are in propor-
the proportion that three and a halt miles

anomaly in the construction of mads-I. am not
ils attending it, that it has cost a sum much
j. The example is a bad one, and should
I "consider that the road could have been
per mile less than for the one fourth

liich I can find no cor-
river. They have each
This account is only
C. Saunders, is a
’ je of the charac-
conclusions. I have but
are stockholders, their
considering their ser-

I requested, by letter, a
, directed to President
Luitures of the Board for dam-
. of each member of the Board-
Such information as I could procure is

The survey w'as made in
The graded portion

HENRY J. EASTIN, Res. Eng.

206

Report on the Anderson county portion of the Franklin and (

Orchard road.

'nil

Sir :

Engineer’s Office, May 8, 1S3S.

By an order of the Board of Internal Improvement I have examit.
ed that part of the Franklin and Crab Orchard Turnpike Road which ] a y"
or passes through Anderson county. Having examined the original con!
tracts, they have generally been complied with. The road bed i° made in
the following manner: fifty feet in width has been cleared of all timber,
thirty two feet of this quantity has been graded and grubbed; the road bed
has an eliptical convex shape, rising generally 15 inches in the centre; t| le
excavations and banks, by contract, were to have been cut at a slope of l’t 0 ]
or 45 deg.; but little attention has been paid to them, being generallv much too
steep ; the road bed is badly drained, and the culverts too few, and nearly
always too small, to vent the water; they are much choked and filled up
The foundations of many of the culverts are being undermined at the lower
ends ol the culverts by the water which passes under the flagging. The
stone roadway is generally eighteen feet wide ; has been badly put on, (the
stone having been prepared on the roadbed; this plan was adopted and
permitted by the superintendent,) being thick enough to fill the contract,
but lumpy and irregular; the stone are too coarse, being in weight from 4
to 20 ounces; they consolidate slowly. But little attention has been paid
to raking the stone roadway, or keeping it level and smooth. I have no
doubt that the contractors, (except J. D. Eliston and Tracy,) have complied
with their contracts, as required by the superintendent. The stone road-
ay on Ellison’s work is badly made, being composed of stones so lame
that much travel will be necessary to render it smooth. A part of Mr Tra¬
cy’s work is in the same condition. This defect was pointed out to a part
of the managers. Before they are paid the stone which are too large should
be broken up smaller with a hammer, by passing over the road. The drains
aie in bad order, and should be opened so as to carry ofl* the water.

1 his is a fair sample of the roads in Kentucky, and cannot be said to be in
worse order; the contracts added make the distance in Anderson countv
13.7S miles, and at the contract prices, will cost $67,147 67, including all
the labor of making the road.

The contingencies have been considerable, and are made up of the fob

lowing items

Expenses engineering,
Damages, &c.

Counsel and clerks, -
Board for services,
Other contingences, -

$1,571 50
642 57
170 99
1,343 84
377 37

Cost of the road brought forward,

4,106 27
67,147 67

rotal cost of the turnpike road,

71,253 94

Amount brought forward,

'he Treasurer reports individual stock paid,
ounty of Anderson,
on tractors stock paid,
tate stock paid,

5,736 00
3,750 00
16,107 91
37.950 00

- $71,253 91

63,513 91

allance due, - - ' ' * 7 ’ 710 03

dditional damages for stone furnished by sundiy persons

lltli-May, inst. - - * - - ' 4/

allance due,

$7,757 53

HENRY J. EASTIN,

Sylvester Weeoii, Esq.,

Chief Engineer of Kentucky.

Resident Engineer.

ifeflbd

4 s I t 1 >

a«

Report on the Winchester and Lexington Turnpike Road.

Engineer’s Office, )

February 9, 1838. j

By a letter received from Richard Chiles, President of the Winches*
erand Lexington Turnpike Road, by Major A. K. Wooley, one ol the di-
ectors of said road; I was requested to attend a meeting oi the president
nd directors of the Lexington and Winchester Turnpike Road Company
on the 10th instant. Having attended this meeting, and the difficulties of
completing this road being removed, the company having procured the right
of way on the portion of line not now in progress near Winchester, the con¬
tractor, Lewis Vemont, has agreed to go on and complete the work under
the original contract.

A resolution was also adopted, directing the President to call on the
President of the Board of Internal Improvement for an engineer to comply
with the last law of the Legislature on the subject of this road.

In pursuance of your direction, and said call or request, the annexed re¬
port is made, and gives in detail the cost of this road so lar as it can be as¬
certained, and is based on an actual re-measurement ol the total line of road
by which the contractor is to settle for his work with the President and
Directors of this turnpike road.

The length of the road, from Limestone street in Lexington to the court
house door in Winchester, is IS miles and 59 poles. The length of the vari¬
ous sections are as follows, with the names of the sub-contractors under
Lewis Vemont:

section', 242.9

section, 320.

section, 319.

i section, 317.1

i section, 320.

, section, 330.2

i section, 296.7

i section, 320.0

i section, 317.7

i section, 320.3

i section, 320.

i section, 352.5

l section, 320.

. section, 306.5

i section, 184,8

i section, 24S.

. section, 137.4

i section, to Winches’r, 205.6

poles,

poles.-

Thos. H. Walters, contractor,
Allender, contractor.

Allender, contractor.

Vemont, contractor.

Jno. Cottingham, contractor,
Austin Graham, contractor.
Austin Graham, contractor.
Jno. S. Vemont, contractor,
Jno. S. Vemont., contractor.
Swinford, contractor.
Swinford, contractor.

Will. B. Shanks, contractor,
Will. B. Shanks, contractor.
Jno. S. Vemont, contractor.
Jack Louiso, contractor.

Jack Louiso, contractor.
Vemont, contractor.
-, contractor.

,—In all, 5S19 poles.

The cost of the Winchester road when completed, at the contract prices,
will be as follows, to-wit;

5819 poles, $13, -

Fxtra culvert at Cuglston’s spring, -
Extra, Wooley’s branch, ...
Extra, Carter’s lane, - - -

Extra, Darnaby road,

Extra, Coleman’s pond, ...

2 culverts on 13th section,

Extra on 4 large bridges,

Extra bank, 13th section, 2233 yards c. 20,
Extra excavation on same, Yates’ Hill,

Extra embankment at Hancock, 1,560 yards, at
Extra embankment, Stroad’s creek, 885 yds, at
For moving N. Warfield’s fence,

For hire hands, by H. J. Eastin,

For expenses attending this report, -
For damages and right of way,

Expenses (engineering) and toll houses,

$75,647 00
50 00
25 00
31 50
31 50
31 50
63 00
550 00
446 60
75 SO
20 cts. 312 00
20 cts. 177 00

- 13 81

- 70 00

- 20 00
7,052 25
6,187 66

$91,494 62

The Winchester and Lexington Turnpike Road Company,

To L. Vemont, contractor,

To contract price on 5,576.1 poles, at 13 dollars, - 72,4S9 30

Extra work, Wooley’s branch, - - 25 00

Extra work, Carter’s lane, - - - 31 50

209

To Extra work, Darnaby’s road, -
Extra work, Coleman’s,

2 culverts on 13th section, -
Extra masonry, 4 bridges, -
Extra Bank, 13th section,

Extra excavation, 13th section,

Extra bank, Hancock,

Extra bank, Stroad’s creek, -
Extra removing, N. Warfield’s fence,

31 50
31 50
63 00
550 00
446 60
75 80
312 00
177 00
13 81

- 74,247 01

The Winchester and Lexington Turnpike Road Company have
paid Lewis Viment the following sums* viz :

James B. Duncan, Treasurer, - - - -

Ballance due L. Vimont, completion, - -

45,684 19
$28,562 10

Statement A.

The total cost of the road as it will be when completed.

City section, Thos. Walters, contractor,
Lewis Vimont, contractor,

Extra culvert at Clugston’s,

H. J. Eastin,

Expenses this report, &c.

Damages, &c. -

Expenses engineering, &c. - -

Half to be paid by the State,

State stock subscribed,

Ballance to be subscribed by the State,

3,363 SS
74,247 01
50 00
70 00
20 00
7,052 25
6,897 66

91,700 SO

45,850 40
33,700 00

$12,150 40

By reference to the length of the city section it will be seen that it meas¬
ures 242.9 poles, at $13 per pole, amounts to - - 3,157 79

The company have paid for it, - - - 3,363 SS

Over contract price,
This sum added to,

206 18
91,494 62

Will give the last cost of the road, as per statement A, as above, $91,700 80

This will require an additional subscription on the part of the State, of

$12,150 40 cents, to give half the cost of the road.

HENRY J. EASTIN, Res. Engineer.

Sylvester Welch, Esq.

Chief Engineer of Kentucky.

[App. to S. J.]

Report on the Turnpike Road from Glasgow to the Tennessee

State line.

Engineer’s Office, >

February 9, 1838. \

To Sylvester Welch, Chief Engineer of Kentucky, and to the President
and Managers of the Turnpike Road Company, leading from Glasgow in
Barren county, through Scottsville in Allen county, to the Tennessee
State line, in the direction to Nashville.

Gentlemen: —Under your directious a line for said road has been survey¬
ed, embracing the points in the above turnpike road charter, having com¬
menced at Scottsville on the 15th January last. The whole length of the
line, as located from Glasgow to the State line, is 36 miles. From Glasgow
to Scottsville 25 S.10 miles, and thence to the line, by way of Little Tram¬
mel creek, 10 2-10 miles. This line has been selected, out of the several
lines run, as the shortest and most level, and embracing more natural ad¬
vantages than either of the others. At the State line a bench was made on
a large white oak 1.5 feet above surface, and at the grade surface of the road
bed.

Various compass lines had been run previous to the commencement of
the survey, but they were found to afford but little information. The face
of the country being undulating, and the dividing ridges high, steep and af¬
fording but few suitable points for passing them, the points requiring the
lightest grades were selected ; and the road is located around the hills, in all
cases, rather than over them. The old travelled road is estimated, by va¬
rious former surveys, to be 35 miles in length ; is very circuitous, and has
been frequently changed so as to accommodate the farming community
rather than obtain the best ground for the road. In this location no atten¬
tion has been paid to individual interest, as a general rule; but the best line
has been selected, keeping a low grade in view. The alignment is circuit¬
ous, though no curve has been adopted that will render the travel of car¬
riages or other vehicles dangerous.

The surface of the country is much broken, with frequent and deep ra¬
vines. The lands, except at a few points, second rate quality. The ravines
and branches are precipitous, and in freshets the water passes off so rapidly
as to require culverts frequently, and something larger than usual on roads.

The ravines and water courses are as follows: beginning at Glasgow-
first, the south fork of Bacon creek requires a bridge of 40 feet span;
Skegg’s creek, a bridge of 100 feet span: Raccoon creek, a bridge of 30 ieet
span ; Peters’ creek, a bridge 75 feet span ; Big Barren, a bridge of 176
feet span ; east fork of Hurricane, a bridge of 30 feet span ; Bay’s Fork, a
bridge of 30 feet span; branch of Bay’s Fork, a bridge of 20 feet span;

tSHMH

' JF

f n of 60 feet span ; Little Trammel, a bridge of 50 feet

Big Tram , m ^ 0 \ b “ndiefof it, each requiring bridges of 20 feet span. They
span; and two *■ I bridge sites for abutments, except the

all have good rivS-Shia® wUI probably require a grillage

abutment on the south bank of Bar.
foundation;, ia t e v above the mouth of Hurricane. Estimates have been
re n im me } ia J t substa ntial class of bridges. All having spans greater

T^Aet are to be covered; from 40 to 100 feet span, single road way
than 40 feet, aie The bridge over Big Barren river, a double

15 t0 IS fee m cteau exhfbited in the Engineer’s office. The

track, or road way, i P river w m be 31 feet high, of the best

abutment on the no t ' wings „f the same height 40 feet long;

T U T itmen 'pU'requires 3 000 yards excavation. Rock appears three feet
tbeabutwhtp tjeqm > the middle of the river, gradually sloping to

b , e .llZZ The bed of the stream, from the middle to the north shore,
the noith east. , j ‘Barren river most usually has a

is coarse, hard, black sau 0 av ^ other, subject to overflow

OfSbri^site Saminedon it, thisWds the best
during fieshets. ui ° g sile . Attempts were made to cross

£,tKSX-ou.h of Peter, Top ^ S

so frequent fox adjacent tor including stone masonry,

S»Sr—

where practiraWe throughout the Une^ san d gtone in smaU

The stone is inferior lime, shale, slate snex, cu s i n large quan-

the location, and no poition wi _q q of Scotsville, between

than one mile-this 0 Wrs on the ,- g ^ °^ e q ?a ni es for the

the waters ot Bay s Folk and Big f h quarr ies disin-

sSS ± s 2 l 11 is of ,he

rr t&Sinereaso

(.terTjKW heavy-excavations and embankments.

212

There is but a small portion of swamp, boggy, or low wet lands. Where
they occur a small embankment and side drains will insure stability to the
road bed. Ihe greatest quantity is in the valley of Raccon, Skegg’s creek
and the table lands at the ridge, and at the crossing of Hurricane creek—!
about 40 poles at each point.

The grubbing and clearing are of the heaviest class—timber, white oak
and chesnut generally; in a few places large poplar and some sugar tree
and gum The value is fixed at $2 per lineal pole for the work.

Ihe soil is composed of gravel and a deep coarse yellow substrata of clav
not tenacious, dries quickly, becomes smooth, firm and hard; is not penetra!
ec c eep y by tains, and by care can be drained through the culverts and

db t U t r n!nn h r ne S u°J the , counti y with ease. I would advise the trial of a
dnt turnpike load from the top of the ridge at Mr. Curd’s, except in the val
lies of the streams, and embankments to the valley of Little Trammel ere l'
and it may be safely calculated that in that distance, 15 miles or i ard fir?’
road will be secured. Judging from the wear of the old road there is f
much gravel and quartz intermixed, that unless a very superior stone
be had for the cover, the sand or gravel would do hetw fi 1 uld
,vay of inferior meta], The ol/roldICTotten T £ “ ‘fi?

smooth even surface, and where the water does not stand I t’: ? P a
m rainy weather. The snrface ia more subject to d “a„°e"f ' ’ * fe 5™
ram, and the thaw seems, for a short period to leave the r than

the road open and loose. P ’ leave the u PP er surface of

be had at all/e sites', T

where John Lewis has a fine saw mill, to build them P C1 ' eel{ -

° f ““*»“StTsrrTS

The graded surface is estimated to be 35 feet in width in nil ,

the slopes of the hill sides do not exceed on° in the t ’ - ses wflere

road, clear of the side drains The transverse section of the

anddghteenfeeiwS S ‘°“ r ° ad W »° be one foot thick

The maximum ascent or descent is one foot in 28 65 nr tw« a m •

maximum grade has been adopted on about nne r' o } ? degrees. This
idue will be from zero to rKS t b ° f + the !lne ’ the
quarters of a degree. glade ’ the lar g est Portion at three

A printed direction for the construction is filed with this renm-t >*i
form of contract by which the road is to be sold and pa d fo? Tl &
tract includes all the neeessarv o no n;f;„or f ana paid loi. I Ins con-

President and Dir^T&ffiSSfrf^ T™™ o! ,hc
The President and Directors i r ° ad > “» d contractors,

pursuance of those instructions. and required to build this road in

per A mU. a|> A plan "ISr!.!’ ““"a ” S ■* te dnties of service will

, Tennnessee State line, in the direction to Nashville; that 39 miles from
Touisville to Bardstown, with the bridges, are all completed, so as to be
rullv used; that the contractors are in full operation on the 67 miles, from
Bardstown to Glasgow, with all the work under contract and progressing
idl y; that the State of Tennessee has built and is building a like road
from Nashville to the Kentucky line, 25 miles of which will be finished the
ensuing summer, and the residue of the line will be put under contract the
‘>0th instant, as appears from the advertisement of the President, &c. in the
Nashville papers—with a sufficiency of State and individual stock to insure

direction,) until a compass line was completed to Scottsville, and two lines
run to the State line, one at a point known as the “J R” trees, 9.5 miles
from Scottsville, and the other at a point called the “Social Point” nearly
11 miles from Scottsville. On either of these lines a road could be made;
yet neither suits Kentucky so well as the route here reported. The extent
of line surveyed by Capt. Forwood, in fixing this location, and to enable
the fixing of the reported line, is about 70 miles—much of which will make
a fine road. In making those surveys much was effected in procuring re¬
leases and stock to aid the completion of the road.

The Board may rest assured, that for a country as undulating as this line
passes over, none can afford a better selected line for a road.

The estimates have been made under the direction of George W. Shields,
civil Engineer, (who kept all the notes, and directed the survey,) and by the
corps of young gentlemen who assisted in making the surveys under my
instructions—all of whom are fully adequate to the task. They have been
hurried, and before the schedules are finished, will be re-examined.

By a resolution of the Board of Directors, herewith filed, it will be seen
that they are anxious to have this road put under contract forthwith. Much
local feeling is expressed by the community through which it passes. The
people are almost unanimous in the expression and hope that the Board ol
Iuternal Improvement will extend to them all the aid in their power, to in¬
sure a speedy completion of the entire line of road.

To the President and managers I would beg leave to express my best re¬
spects, for their attention to the corps while making the location, ahd par¬
ticularly President Walter Thomas.

A copy of this report will be filed in the Engineer’s office, with the sched¬
ules and a copy of the notes of the located line, so soon as they can be
made out and sent to the President. The original notes will be filed in the
Engineer’s office. Which is respectfully submitted,

HENRY J. EASTIN, Res, Ecng.

Schedule B.

Estimate of the Road from Glasgow to the State Line

SECTIONS,

One,

Two,

Three,

Four,

Five,

Six,

Seven,

Eight,

Nine,

Ten,

One,

Two,

Three,

Four,

Five,

Six,

Seven,

ScHDULE B

SECTIONS.

1 wo,

Three,

Four,

Five,

Six,

Seven,

Eight,

Nine,

Ten,

One,

Two,

Three,

Four,

Five,

Six, -

Seven,

-Continued.

Stoning road.

1 Price per pole.

Total cost of eacl:
section.

Poles.

DIs.

Dolls. Cts.

353.2

6,944 18

286.7

4,678 78

319.7

4,616 68

324.0

4,763 24

321.0

4,414 96

33S.0

9,3S9 15

32S.0

5,S26 45

317.0

6,572 88

365.8

5,948 20

306.8

5,914 91

318.6

5,146 IS

365.0

5,642 54

327.4

5,254 2S

297.5

4,285 50

315.8

4,704 36

336.0

5,626 70

320.4

4,437 9S

remarks, &c.

Beginning in Scottsville, in str’t
opposite court house.

Section 2d ends on dogwood.

On poplar, in fieid.

On red oak, 22 feet to right.

On red oak.

Crosses Big Tram el.

On white walnut.

Crosses Little Tramel.

On stump, bearing N. 53 W.
From Sc’sville to oak, on S.line..
On oak.

Crosses East Fork of Bay’s Fork.
On sycamore.

On white oak.

Ends in field, stump, 33 ft. right.
On black ash, 17.4 ft. to, left.

On chesnut stump.

>—t

Eight,

Nine,

Ten,

Eleven, -
Twelve, «■
Thirteen,
Fourteen,
Fifteen, -
g Sixteen, -
Seventeen,
Eighteen,
Nineteen,
Twenty, -
Twenty one,
Twenty two, -
Twenty three, -
Twenty four, -
Twenty five, -
Twenty six,

Total cost of road,
Deduct stoning 15
miles, at $3,200
^ per mile,

■d

* Net eslimate, -
o Add 7 per ct. for
5° contingencies,

t-i

Net total cost, -

l .

4 00

200

28 00

18 00

4 00

30.20

3 50

100

18 00

1 O 1 1 1

5 00

—

2 00

2594

3 25

723

2 75

j 268

2 00

820

2 00

298

4,507 25 ]
4,831 74 !
5,240 75
19,718 40
5,66S 00
4,286 25
9,037 85
4,392 64
5,117 55
6,197 59
9,028 67
5,222 00
4,751 57
4,408 23
5,090 88
5,154 04
6,775 37
5,064 59
2,494 19

211,049 53

48,000 00

On poplar, 35 feet to left..

On poplar, 9.4 off.

Crosses Big Barren.

On beech, 13 feet off..

Ends south of Peter’s creek..

On beech.

On chesnut, 18 feet to left.

On poplar, 13.5 feet to left.
Crosses Raccoon c’k, ends in field
On beech.

On beech, 7.8 feet off.

On poplar, 3.3 feet to left.

On red oak, 24 feet off
On oak, 7 feet off.

On Oak.

Crosses Beaver creek.

On hickory, 13.5 to right.

'At Glasgow.

Total length of road, 36 miles,
11 feet.

163,049 53

11,413 49 Cost per mile, - - - $4,SI 9 40

174,463 02

21S

Heport on the Glasgow and Scottsville Turnpike Road*

Engineer’s Office, )

December 1, 1838. 1

Sir :

Under your direction I attended and assisted in placing under contract,
on the 15th June last, the Glasgow and Scottsville Turnpike Road. The
following report will show the sales, and also such other facts relative to
the work as your instructions required.

The length of this road is thirty six miles, viz: From Glasgow to Scotts¬
ville twenty five and eight tenths miles, thence to the Tennessee line ten
and two tenths miles.

This road is laid out on a maximum grade of one in 28.65 feet or 2°.—
The width of the road is 60 feet; to be grubbed and graded 35 feet, with a
drain on each side where the natural slopes of the hills are over 20°—the
graded part of the road is to be only 30 feet wide clear of a good side drain.

The whole line is under contract with the necessary bridges, (except the
Skeg’s creek bridge of 100 feet span.) The stone road way is to be one
foot deep and eighteen feet wide. Four and one half miles of this road up
the valley of Big Tramel creek are to be covered with gravel, at $1,600 per
mile.

In all respects for the manner of building this road, I refer you to the re¬
port on the Glasgow and Bardstown turnpike road of this date.

The bridges are all under contract, except one of 100 feet at Peters’
creek, and remain as in my report of the 9th February last, except the
bridge over Big Barren. Under your direction I have reduced this bridge
to a span of 176 feet, and raised the abutments three feet higher than reported
as above. It is to be built under the same specifications and plan of the bridge
over the Rolling Fork on the Bardstown and Glasgow turnpike road. Messrs.
Wolfe and Shafer are the contractors, and engaged in their work, but
little has been done as yet—the abutment pits are excavated. On the south
side of the river the abutment will have a rock foundation, on the north a
grillage or timber foundation, as at the Beech Fork and Green river bridges.

The other small bridges are under contract on plans from the State office,
and all in progress. The contractors are energetic and executing their
work as well as young and inexperienced contractors generally do. The
greatest portion of the work was taken by the farming citizens of the coun¬
try through which the road passes.

The President and managers are as energetic as they generally are, con¬
sidering they are all inexperienced in their duties, yet ail of them seem to
take great interest in the progress of the road.

This work is under the direction of George W. Shields, Esq., superin¬
tending Engineer, assisted by C. H. May. The experience of Mr. Shields
will ensure a good road and faithful execution of the work. He commenced
his superintendence in September last.

From the date of the letting, up to the 10th of September last, the work
as under the direction of Capt. Samuel Forwood.

Schedule B .—This schedule will show the contractors names and the
ices paid for each particular item of work, with the length of their see¬
ms of work. The whole is to be completed by the 25th of November,

}39.

The cost of the whole road as under contract, including

the bridges, is - - - ' oil Zq

Of this sum there has been paid - - - vl,Zio its

balance to be paid of - - - 107,842 00

Leaving a

The bridge over Slceg’s creek, not under contract, I estimate to cost $4000,
which will make the whole net cost of the road - $129,117 78

This does not include contingencies, for which it will be safe

to add 5 per cent.,.. 6 > 455 88

Total aggregate cost, as under contract, - - $135,573 66

Stoning thirty one miles, to-wit:

Gravel 4.5 miles $1,600, - - 00

Stone 26.5 miles 3,200, - - 84,800 00

Total cost complete,

HENRY J. EASTIN,

Civil Engineer.

Sylvester Welch, Esq.,

Chief Engineer of Kentucky.

Report on Richmond and Lexington Turnpike Road.

Sir:

Engineer’s Office. 1

May llth, 1838. \

Pursuant to your directions an examination of the Richmond and Lex¬
ington Turnpike Road has been made.

The distance from Lexington to Richmond is 25 miles.

The road is under contract from Lexington to Foxtown, or about 19s
miles; 14i miles from Lexington to the Kentucky river have been comple¬
ted, and two toll gates are in operation collecting tolls.

•1/

The width of this road is required to be 50 feet, cleared, grubbed and gra¬
ded 30 feet, and stoned not less than 12 nor more than 18 leet. In many
places the fences of the farmers are placed too near the road, and 50 feet is
not left for the use of the road. Those fences should be removed so as to
give air and the sun to the road.

The maximum grade of the road from Lexington to the top ol the Ken¬
tucky river cliff, is 2° or 1 foot rise or fall in 28.65 feet. The grade down
the north cliff of the Kentucky river is at a grade of three degrees. The
width of the graded part of the road is 30 feet—the grade is made more
convex than any turnpike I have examined, some of it as much as 15 inch-
es higher in the centre than at the sides. The culverts are all bad, and the
foundations, in many of them, giving way. There have been more of them
put in than usual, and the road is better drained. Ihe freezes of the last
winter and the spring rains have caused the banks to lall from the sides of
the excavations and many of the drains are filling up, they should be well
cleared, and some stumps grubbed out of them.

The metal of the McAdamized road is laid in the centre of the road bed,
18 feet wide and 9 inches deep. The stone is of the first quality, but bro¬
ken too coarse and cements very slowly; the road is kept well raked smooth
and even—three men are employed daily for the purpose of raking the road,

I understand, at $1 37 h per day each. ‘Fourteen and one half miles of the
road are finished from Lexington to the Kentucky river, and two toll gates
are up taking toll. Too much care was taken to locate this road in long
straight lines, and frequently the best ground has not been selected. A good
site for a bridge has been selected; for the present theMcAdamizing is extend,
to low water in the Kentucky river, on both shores; the ascents are steep
and I fear that the plane on the north side will be undermined by the river
and fall in—the bed of the stream being sand, and the water at the lowest
stages about S feet deep—-this road is protected by a rip rap wall on the north
where it is subject to overflow, but it is too thin and the stones used too
laro-e. On the south side, the river has a rock foundation; less difficulty will
attend that part of the road which leads up from the river.

On the south side of the Kentucky about five miles of this road are under
contract. That part ascending the river cliff is giving away in the grade.
The most of the excavation is clay, and stands at a natural slope of about
30 to 35°. In making the grade the timber was not well cleared away, and
no steps or bases cut to receive the excavated part of the road—it is giving
way in several places, near the top of the cliff’, a distance of near 300 feet
has broken oft’ and slid entirely down the cliff into' the river. At this point
in the road I consider the location not good, and am of opinion that it should
be changed by cutting through the gap in the cliff (where the short and ve¬
ry dangerous turn is made,) into the head of a ravine, and passing on the
south west of the first farm on top of the hill, join the line at or near the
base of the first plane on the south side of the river cliff after the summit
is passed—to determine this the lines should be run and an estimate made.
If this plan fail there is no remeny but to excavate on the lower side
of the road bed at this slip down, to solid rock, and commence a wall
in the following manner, in lieu of the slope of the embankment. Ihis
wall should not be less than two and one halt feet thick on the top, or on a
level with the rood way. The back, towards the road way, to be built ver¬
tical ; the outer face should have an inclination or batter of three inches to

j:ffi S§

, foot in length, so that every four teet m heigth will increase me wium

6 tl icknoss of the wall at bottom one foot. This wall should extend so lar
or t-hickno s ol me secure the bank. The location is so

ea iT/d X turn oT the road so abrupt, that I fear, the road will ever re¬
main dangerous to the travel; the whole hill is clay and must continue to
Tn for some years, and the earth excavated, for half a mile continually
w!ish down on the road below. If the expense should not be found very
variant, I would certainly recommend the excavation to be made, and the
location changed, not only for economy m the end, but for safety to the
travel The curve adopted for the ramp is not more than thirty leet radius
ijiilane of 3i° —the descending transportation will always be endanger-
.,1 This cliff affords good hard limestone for the road bed up it, which is
nearly completed. The drain next the hill is much filled up by the slipping
- - ^ ' 1 1 -- —has never been properly sloped. This hill side is

a sufficiency ol culverts under the road to pass
of the south cliff of the Kentucky river to Fox-
iles, this road is roughly graded, and the culvei ts
are badly'' constructed and of bad, soft, slaty stone
;tor near Foxtown should be taken up and rebuilt

mostly, totally unfit for making

spouty, anc
the water,
town, a dis
badly built.

—that buil .
before the bank is made over it.

The stone broken for this par

Engineers’ Office, Frankfort, |

December 8, 1838. >

SlR The folio win cf report of the present condition of the Lexington and Rich¬
mond Lexin^S Nicholasville, 1 Danville and Lancaster, and Lexington and
I-Iarrodsburg Turnpike Roads, is respectfully submitted.

On the Lexington and Richmond road, 15 miles are finished and in use,
and five are under contract. The width of the grade ° n t he finished por-
tion is about 30 feet except on the embankments which!ue mosttly i iom

to 4 feet less; the slopes range from 1 to Li many o • j

but a great portion of the road seems to require more ditching. The metal
coating is about 18 feet wide, the thickness was not ascertained but pre-

aumed to be not more than 6A a 7 in., as it has evidently been cut throu4 St

by the wheels ol wagons—the quality of stone used is not generally rr 00( f a

The double culvert on the fifth mile has not been well built, and the stone c<
used are of an inferior quality. I p

The culvert on the sixth mile appears to be well built, but the stone are I
not very good. h

On the unfinished portion of the road the grade in the cuts is about 30 b

feet wide, and from 26 to 30 on the embankments; the slopes of the banks c

appear much steeper than 45°; the drainage is imperfect, and the clearino I v

especially on the steep grade ascending the cliff on the south side of the h

river, has not been done to the width required.

The metal coating is about 18 feet wide, and the thickness on 5 meas- I 8
urements to be as follows: 7, 7f, 1\, 8 and S inches, some of the metal meas- I • |
ured was newly put on—-some of it partly consolidated, but none in use. f 8
The wall which was found necessary to be built on the face of the cliff, on 8

the south side river, has been finished. It is about ISO feet long, 34 feet I *

high at the highest point, and averages about nine feet in thickness; the bat- I

ter on the lower portion is 2 inches per foot, and on the upper portion 3 in.
ches per foot on the face. It is said to be founded on the rock and appears I
likely to stand. 1

The Danville, Lancaster and Nicholasville road is completed from Lex- I
ington to the Kentucky river, except a portion less than one quarter of a I
mile. The width of the grade is about thirty feet, and the slopes range from I
45 to 33° The ditches are not generally well opened, but the clearing has
been done to the proper width. The metal coating is about IS feet wide,
where measured, near the Kentucky river, was found to be 7i inches thick.

The side wall for the support of the road on the face of the cliff, descending
to the river, is bad; a part of it has fallen, and other portions are likely to
fall during the winter and spring.

The abutments and wing walls of the bridge over the Kentucky river are
nearly completed—they are built of rubble masonry—on the north side of
the river the abutment and wings are laid in mortar. The stone used are
not very large, but appear to be well laid. There is little or no appearance
of failing at present. The front of the abutment is 22 feet thick at top,
and has a batter on the front, and offsets on the back equivalent to one inch r
per foot rise. The wing walls are 6 feet thick on top, with the same batter
and offsets.

The abutment and wings on the south side of the river are laid dry, with I
larger stone than those on the north side. The abutment is 24 feet thick on a
top, and was said to be commenced 36 feet thick at bottom—batters and off-
sets the same as on the one before described. The wings are 6 feet thick at
top with like batters and offsets—the whole height being about 70 feet above
the surface of the water. The stone used in the abutment last described are
not so good as in the other; they are generally thicker and not apparently so
bioad; many ol them are broken, but no wall crack or opening of the body
of the wall is yet apparent. The stone are not well laid, and proper atten¬
tion has not been bestowed on breaking joints in the face of the work.

The superstructure has been erected and the scaffolding removed, but the
t oof, weather boarding and permanent floor, have not been put on. It is
above 73 feet above the surface of the water in the centre, and above 70»}
at the abutments. The span measured between the skew backs is 235 feet, |

I , finish about 40 feet wide at the ends, and 3u in the middle—it has

an( , 1 ro . ld wav , and the clear height is 14 feet at the ends and 12s in the

centre- The whole superstructure is very well executed on Wernwag s

P 'From the river to Evansville the road is not all graded; the walls which
1 * been built to support the road in ascending from the river are not well
fcilt-a part has fallen down and other parts are likely to all during the
I w winter and spring. The embankments are not all made the lull
Vdth'of 30 feet. The side ditches and drains are defective. The clearing

Xs generally been done to the full width.

P . i _ + IS foot wirlo. nnd was found bv

hCSJand was found by —„en.

•’out 30 feet, slopes irregular, some embankments narrow, and the ditches

I d drains not will prepared. The clearing is not done to the full width on
b descent to Dick’s river. The walls are bad, and some clefts between
g “cb are left filled with hardpan, which overhangs its base, and will be

The meta/ 1 coating is about 18 feet wide, and the depth as measured at
ree places was 7, 7£, and 8 inches. The stone are generally coarse, and
■ar Evansville they are of an inferior quality. An 8 foot culvert near
vansville has not been built in a proper manner—a pait of the wall has

'S bridge over Dick’s river is nearly completed. The abutments and
ings are built of rubble masonry. The abutments are apparently 15 feet
ick at the skewbacks, and have a batter of one inch per foot—they ap-
;ar to be well built although many small stone have been ^ed as closeis.
The superstructure is erected, roofed in and weather boarded, t
id and apparently all finished except the facade. _ The span is 13f> feet,
is 25 feet 2 inches wide at the ends, and 22 feet 8 inches m the middle ; it
els a double road way, and the clear height is 12 feet 6 inches, and is
bout 30 feet above the surface of the water. .

From Dick’s river to Danville the road appears to be finished, and in its
eneral character is similar to the other portions of this road. The toe -
ess of the metal was measured near Danville and found to be 8 2 inches.
The Lexington and Perryville road is nearly finished for a distance of
niles from Lexington. The grade is 30 feet wide; the embankments at
ome points are not so wide as they should be; the ditches are toleiably
veil made, and the clearing appears to have its full width—the culverts aie

olerably well built and not numerous. , , ,

The coat of metal is about 18 feet wide, and the thickness measured at
hree points was found to be 10, 8, and ?i inches, the stone are coarse and
generally of a good quality. A bridge is building over South Elkhoin of
2 spans of IS feet each, semi-circular stone arches. , ,

From Harrodsburgh toward the Kentucky river this road is paitl> finish-
Bd, nearly all the grading has been done, and the metal laid on lor a portion
of the distance. The width of the grade is 30 feet; some of the embank¬
ments are narrow, and the slopes at some points two steep—the ditches
are not finished—the clearing has not been well done, some logs and loots
are partially covered by the embankments.

224

The coat of metal raises in width, being from 164 to 18 feet wide, arid
the thickness, where newly put on and not consolidated, was measured at
five places and found to be 7£, 74, 9, 10 and 8 inches; the stone are o- ener
ally coarse but of a good quality.

One of the return walls of a bridge abutment near Shakertown has given
way. Between South Elkhorn and the Kentucky river little or no work
has deen done, and the portion between Harrodsburg and Perryville was
not examined.

Very respectfully,

Your obedient servant,'

ANTES SNYDER,

To Slvester Welch, Esq.,

Chief Engineer of Kentucky,

REPORT

SUPERINTENDENT OF PUBLIC INSTRUCTION.

Frankfort, Kentucky, January 3, 1S39.

^ 1U ' i i JC g leave to submit, through you, to the Senate, the Report of the
Superintendent of Public Instruction.

Yours, &c.

JOSEPH J. BULLOCK, P. B. E.

To the Hon. Charles A. Wickliffe,

Speaker of the Senate.

To the Honorable the Legislature of Kentucky:

The act of the Legislature to establish a System of Common Schools
in the State of Kentucky, approved February the 16th, 183S, prescribes the
duties of the Superintendent in the following words: “That branch ot his
duties which relates to the Common Schools, shall be, amongst other things,
to prepare and submit an annual report to the Legislature, containing a lull
and comprehensive statement of the amount and condition, together with
plans for the improvement and management oi the Common School h und,
and such other matters relating to his office, and to Common Schools, as he
shall deem expedient to communicate.” In compliance with this requisi¬
tion I proceed to make the first annual report from this department.

I accepted the office of Superintendent about the 20th of February. A
deep interest in the subject of Common Schools, joined to the advice of ma¬
ny of its friends, induced me to engage in the work. My first business was
to acquaint myself with the general subject of Common Schools as they ex¬
ist in other States of the Union and of Europe. I then proceeded to cany
into effect the law of this State, by calling together the other gentlemen con¬
stituting, with myself, the Board of Education. The Board was organized
about the 1st of March, and determined upon their common seal. I hey
ordered one thousand copies of the law to be printed, and placed at the
disposal of the Superintendent for distribution among the School Commis¬
sioners, and also one thousand Commissions. The first step to be taken
to put the system in operation, was the appointment of five commis¬
sioners for each county in the State,—this duty devolved wholly upon
the Superintendent. The work of obtaining information with regard to
suitable commissioners, and the appointment of those commissioners, has
occupied much of my time. Before I accepted the superintendency,
-39 * [App. toS. J.J

'the Legislature had adjourned, and consequently I was dependent for infor¬
mation mainly upon the answers received to letters addressed to gentlemen
in different parts of the State, asking for information upon this subject, ex¬
cept for those counties that I visited in person. In many instances my let.
ters were either unanswered, or the asked-for information was not given—
Much of this difficulty could have been obviated if the law had been passed
earlier in the session, and will not exist in future. Commissioners have been
appointed in all the counties of the State, with the exception of ten, most
of which I had intended to visit, but was prevented from doing so by sick¬
ness—these will be appointed in the course of a few days. The correspond¬
ence of the Superintendent has been very burdensome in answering letters
of inquiry with regard to different points involved in the law. It soon be¬
came evident to my mind, that there was need for a public sentiment to he
created, in order for the success of the system. The subject is new to the
people of Kentucky. They need to be informed as to their nature and ad¬
vantages; and I became perfectly convinced that the great work before me
was to direct all my efforts to the formation of a correct public sentiment
upon this subject. It is too often taken for granted that the general benefit
of education is sufficiently appreciated; if it were, we should not hear it so
frequently stated that a Common School system is impracticable in our State.
The great defect, and that which alone can make it impracticable is, that the
people do not value education as it deserves. Let a correct public senti¬
ment prevail upon this subject and it will break down every barrier, and
digout a channelfor itself. Entertaining this opinion, I determined to
spend some three or four months in visiting different parts of the State, to
address the people on the general subject of Common Schools; to explain
the law, and to urge its acceptance upon them. This plan was only partial¬
ly carried out. I have visited about twenty counties, in most of which
I made addresses. In October I started upon a tour into the southern part
of the State, but was prevented from progressing by ill health. The Super¬
intendent has reason to hope that his labors, though not so great as he had
intended, have not been useless—that an impulse has been given to the pub¬
lic mind, in some parts of the country, on the subject of Common Schools’,
from which valuable effects may be anticipated. Great changes cannot be
effected at once. Where the means employed are of a moral kind—calm
addresses to the understanding and interests of men—a gradual and steady
progress is all that can be expected; and I am confident in the opinion, that
the cause has been as well received as its intelligent friends expected—and
that it is on the advance in public estimation. In all my travels, I witnessed
few indications of hostility to the scheme; the discouraging symptoms were
coldness, indifference, and ignorance of the subject, which are as fatal to
any great enterprize as open opposition; but all of these may be remedied
by constant agitation of the subject. I found many persons who were pre¬
judiced against what they conceived to be the law; but their prejudice was
frequently changed into friendship when they came to understand it.

The counties which have reported to the Superintendent, (according to
the provisions of the law,) the number of children between seven and sev¬
enteen years, in each district, and the number of districts, are: Bourbon,
Lewis, Bracken, Nicholas, Franklin, Green, Rockcastle, Christian, Camp¬
bell and Pike. Caldwell, Jefferson and Estill, have partially reported. There
are some other counties which have been districted, but have not yet report¬
ed. The Superintendent requested that the commissioners, in districting th*

.unties would ascertain the number ot children between seven an<£se\en-
rears which are unable to read. This has not been complied with,
ent in the county of Rockcastle, and the report from that county states
f there are 486 males and 403 females, of which 254 males and 222 fe-
tha f 1 unable to read—considerably more than half. From other sour-
Te' of information, I am confident that at least one third of the children ot the
hiin’r are in the State are unable to read, and have no means of common
schoo education, and, unless something is done to remedy the evil, the pro-
•Unu will soon be Greater. From the report from Christian, one of the
L°; t °nd most intelligent counties in the State, it appears that not more than
i nlf of the children are going to school; and it is not probable that tw<
h ds can read. I have conversed with clerks of counties lawyers, physi-
? ns preachers, and public men of every description, and they all concur
"the opinion, that one third of our white population is entirely uneduca¬
ted This is a frightful fact to every reflecting man who loves hisjpountry.

The fund set apart to Common Schools is the interest upon 8)850,00 .

The interest which has already accrued is $65,978 27 The expenditures
of tlie system amount to $1,005 25, of which $750 has been paid to the
Superintendent for salary ; $SS 75 to Messrs. Brown & Hodges for pnnt-
fni 1000 copies of the law, and 1000 commissions ; $38 to Mr.T^dfor sta-
tionrv paper for the printing of commissions, and ledgei; $o0 loi seal a
2 £5 of carriage from Cincinnati; and $67 for postage. This, de¬
ducted from $65,978 27, will leave $64,973 02. The principle of our sys-
tpm i s that what is appropriated by the Legislature should act as an mcen-
K ,o Slfpeopla h SU themselves, . a levee lo raise the AWjU-
required. This sum is hardly sufficient to answer this purpose, w ith t
m-ee of apathy which prevails at present upon the subject of gene all edu¬
ction. And I would respectfully suggest to the Lemslatuie> the> prop ty

of increasing this fund, by imposing a tax of one third of a ot her rev-
lar to be collected in the same way, and at the same time, with Ore othei lev
of the State. By doing this, the bonus offered will be sufficient to ac
Sa stmno incentive to distrfet taxation. The cost will be small to the rich
and the benefits will be great to the poor and to the State. Some oppose
the present system because it is unequal in its operation, compelling some
person? to pay a much greater tax than others of equal wealth who are in
more favorable districts 8 No law can be passed that will ^requaltyqpon
all; but I am decidedly of the opinion that it will be more equa and effic ent
than the present plan. It will be a union of general and distnct taxation
-X,hS1 our exigencies require. It will extend thesystem »those
counties and districts which are unable to bear the entire
nor tin their schools. The principal burden will be boine by the districts
in which the schools are located ; hut they will be aided m
schools by the whole property ot the State, which is just and prpper, as the
whole State participates in the benefits resulting. It should ever be kept m
mind that money raised by law for the support and establishment ot schools,
is not an addition to the expenditures of the people ; but
ical disbursement of a necessary expenditure—or, as Burke b eautifu y
presses it, “Taxes for education are like vapors, which rise °idytodesced
again to beautify and fertilize the earth.” I think it would be well to amend
the law, so as to add to the permanent fund the interest which has accue
during the last year, except what is needed for necessary expenses, ihe

—i

permanent fund will then be about $914,000; the annual interest Upon
which, at 5 per cent., will be $45,700. The whole interest of the school
fund, (at the expiration of two or three years,) should be paid out, from
year to year, to those districts which shall have reported themselves as or¬
ganized. Until that time, the apportionment of those counties, which ne¬
glect to report, should go to increase the permanent fund. This would be a
powerful incentive to counties and districts to carry into effect the system.

It is important that some other arrangement than the present should be
made, to ascertain the number of children of the schooling age. According
to the present plan, the neglect of a few counties to report, hinders the
Board of Education from making any apportionment to those districts that
do report. Let it be made the duty of the commissioners of tax to ascer¬
tain the number of children between seven and seventeen, and report to
the Auditor, and then the difficulty will be obviated. The law does not
specify the number of months a school is to be taught in a district, to enti¬
tle it to its proportion of the public fund. It should require a school to be
taught at least four months in the year. It has been suggested that $1 in¬
stead of 50 cents should be the maximum of the poll tax allowed to be lev¬
ied, annually, by the trustees, on every white male inhabitant over 21 years
of age. The reason assigned for this, is to make those who have little or
no taxable property, assist in bearing the bunden of supporting the schools;
and that the poor may feel that their children are not educated by the rich
alone, but partly by themselves.

The founding of one or more normal schools for the purpose of training
the sons of the soil, for teaching, is a favorite measure with many of the
friends of education. The establishment of a school or schools for teachers
is certainly a great disideratum. It is the voice of reason and experience
that they must exist before education can be performed in the best possible
manner, and with the greatest attainable success. In those countries where
education has been carried to the greatest perfection, schools for teachers
have formed an important feature in their systems, and with the best re¬
sults. But I deem them impracticable at present with us. The most that
we can do is to make some arrangement with the colleges and academies,
which already exist in the State, to teach those who wish to prepare them¬
selves for instructors in our Common Schools. The difficulty of obtaining
able and efficient commissioners are undoubtedly great, and yet the success
of the system depends much upon it. Their work is arduous, and yet no
provision is made for their compensation: and the fund is so small that it
will not admit of being divided. The only remedy is a right public senti¬
ment ; a due appreciation of the necessity and advantages of the system,
and the spirit of true patriotism and philanthropy will generously influence
men to give a portion of their time and labor to promote the welfare of their
country and their kind. It is evident that much depends upon the Superin¬
tendent. It is all important to have, in this office, a man of talent,’energy
and character, and one who will devote his undivided energies to the cause.
It should be the duty of the Superintendent to visit every part of the State;
to hold conventions of the friends of Common Schools in every county; to
a rouse and enlighten the public mind; to see, in person, as far as practical,
the commissioners, and interest them in the cause. This cannot be done in
a s i n gle year. No one man can possibly visit all the counties in the State,
and spend a sufficient time in each to give an impulse to the cause. Besides

I {;

oioerintendent should he at least three months of the year m his office,

Sr S food might unquestionably be done by the publication of a monthly
M f devoted exclusively to the cause of education under Ins care; in col-
rfnf and diffusing information on this subject; in discussing the numer-
mis important questions which belong to it; in forming a sound andi intelh-
oUS im i r contimpiit and in excitiim a warm and deep interest in fa\oi ot
Schools^Tfould be an invaluable auxiliary. This plan has been
adopted in Ohio, Massachusetts, and several other States, with the happiest

respectfully suggest to the Legislature, the expediency ol laising the
nlnw of the Superintendent to an amount which would secure the undivi-
Sd constant attention of a man lit to take charge of so great a work,
ft t but just to myself to add, that this proposal is made without any selfish
11 ., A; n „ s ] design resigning the office in February; and I do so not
from a lack of "interest'in the cause, but because my health will not admit o
the labor and fatigue which I should feel myself bound to perform, it I con¬
tinued in it, and because of other engagements. . , , .

i The <rreat object of the Common School law is to give to even child
the Commonwealth, a good common school education; to develope the 1
ItellSof the State. The great principle of the system is that of equality;
the rich and die poor are placed upon the same footing; and to receive the
same elementary instruction; and which is to take the lead m after lie is to
he decided !not by one’s being born to wealth and another to poverty, but by
diligence and* native force of mind. It is both the duty and the intent of
the State to establish and support these institutions AH admit, m theory,
their importance; but all do not value them enough to incur the ’
necessary to their establishment and perfection—and convictions that
influence to action are useless. The information which we have obtained
exhibits mournful evidence of the number of children who do not go
school, and cannot read. Through the indifference or inabdtey of parents
to educate their children, thousands of the rising generation are growing j
in cur midst, in utter ignorance; and unless some provision is made foi
their education, they will be a curse, instead of a blessing, to society,
mental and moral culture of the rising generation is too importantdo be
left to accident or caprice. The State has an inteiest in ev eiy
ELi«; and indifference a.i.l, regard to the bernp Jon w hom el he
interests of society are so soon to devolve, is as criminal a, it is impolitic.
For who so infatuated as to suppose that we can be a greajr ?jbJ “ ld f
a powerful State, when one third of the people are ignorant of the ktter o
the alphabet. The children of those parents who are too poo oi ne ltct u
to educate them, are not to blame for their ignorance; and as the State holds
them responsible for their offences against her laws, so she should place
within their reach a knowledge of her laws Whether
jectin reference to the interests of individuals, or of the who e people t
ing the State, it is clear that no portion of the rising geneiation can be safe

17 SKd&l the children of this State, or the ; p~ for

their education will cost much-I do not wish to conceal-but it should be
obtained at any cost; for no price is enormous which is not out o piopoi i
to the thing purchased. It is not true economy to object to a small expen
diturc for the present, and thereby incur a much greater expendituie for tne

V 1

230

future. Parsimony on this subject is extravagance. Nothing is so wasteful
as ignorance; it has impoverished every nation on earth where it has pre.
vailed. The folly of objecting to the expense of education, is as great as
that of the farmer who objects to spending his money to buy seed to sow
his ground with, and lets it grow up "with weeds because it costs less. Tl le
elevation of an entire people is beyond all price. Under no arrangement
can the people be relieved from bearing the burden of expense: the only
question is as to the best method. To provide for the education of all the chil¬
dren in the State, is the most economical expenditure of money that can pos.
sibly be made. It is plain that every one who has children to educate will
without this system, pay more for private schools than his tax will be, (if
the system is adopted,) even if he belongs to the wealthier class of the com¬
munity ; and all the children of the State will be educated with the money
now expended for the education of two thirds of the children of the State.
Let it be distinctly remembered, that the tax to be raised for this cause, will
not be an addition to the burdens of the people; but an actual and direct
diminution. It is an arrangement for paying into the hands of the school
collector, instead of the school teacher; and by which all the children of
the State are educated, instead of two thirds only—and surely there is no
man so selfish as to refuse the crumbs that fall from his table to his perish¬
ing neighbors. But we are not left to the deductions of reason on this sub¬
ject. We have plain, stubborn facts, that speak volumes, and which cannot
be denied. In those States which have no system, the price of education is
double, or threefold what it is in the States which have a system. In the New
England States, New York and Pennsylvania, the average price of tuition
is about $4 per annum per scholar. In Kentucky it is not less than 15 or
$20—four or five times as much. The reason of this difference is not solely
because they are free States, whilst ours is a slave State, as is evident from
the fact, that in South Carolina, wdiere slavery operates more powerfully
than with us, the average price of tuition is $6 per scholar; less by two thirds
than in Kentucky. This Was the case ten years' ago; I have no recent informa¬
tion on the subject. But we have evidence more satisfactory than this of the
economy of a system of education. The experiment has been made where
there was no difterence of circumstances, and where no foreign influence
could operate. In Boston, the expense in the free schools, where instruction
extends to all the branches of learning and science, with the benefit of libra¬
ries, apparatus, lectures, &c., is $10 per annum per scholar ; while, in their
private schools, admitted to be no better, the cost is $25. And it is said
that more great men have been educated in these free schools than in all the
colleges of New England. In the city of New York, the cost per annum, in the
iree schools, is $6 83 per scholar; in the same class of private schools it is $25.
In Cincinnati’the cost in the free schools, which are said to be as good as the
private, is $6 40, while the cost in the private one’s from $16 to $36 per
annum. The average cost of tuition of private schools in the cities and
towns of Ohio is about $25 per annum per scholar. In the country the av¬
erage cost is about $16. The average cost of tuition in well conducted free
schools for the whole State, including cities and towns, does not exceed $7
per annum per scholar. Again, in Pennsylvania, before she adopted a sys¬
tem, the cost of teaching each pupil was 82 cents per month; under the sys¬
tem, is 40 cents, less than half. The whole number of children of the school-
ing age, in the districts that reported, supposed to be 200,000; the whole

/ s'

w tauaht before the adoption of the system ^as SO 000; since its adop*
^ the number taught in the same district is 182,355 Here we have
. than double the number of children educated, at the same time, for
™° a rnr expense. These facts are sufficient to convince any reasonable
the jZt by adopting the present system of Common Schools, the burden
Tffilse who now educate their children will be diminished ; and that the
lo and the State at large will be benefitted beyond all computation. _

1 The whole white population of Kentucky, according to the last census is
rnn 000 It is supposed than one fourth are of the schooling age, viz: 150,000.
Ese half of these are at school, and. that $16 is the average cost per
Tr tier annum. According to this calculation there is expended, an-
sch i J Kentucky, for the education of 75,000 children, being one half of
the schooling ago, *1,300.000. Now if ttbeM. is
adopted, the cost of tuition will be reduced at least one half _ (this has been
the universal operation of the system as I have shown)-$8 instead of $l.b
vill be the average price ; and with the $1,200,000 now expended annually
for the education of 75,000, can be educated 150,000 children, all in the State
of the schooling age; and surely the people of Kentucky, in view of these
frets are not so illiberal, and short sighted, and unaccommodating in then
snirit as to refect the system. Besides, where Common Schools are estab¬
lished, education is not only cheaper and more general, but it is of a higher
■order 1 do not wish to see the remuneration of teachers less; for a shame-
ful parsimony prevails on this subject. Nor would they be remunerated
less if this system is carried out-the eftect would be to make school teacl.-
ing a permanent and constant occupation, and to equalize the expenditures
among the different classes of the community. The reason why theie are
so few good teachers is, that there is not a demand for them, the people do
not realize that the wealth, the dignity, the character and the very existence
of this nation depends upon the education of the people and joung
of talent and energy will not qualify themselves for the task, w lien they can
be better compensated, both in the way of honor and emolument, by tak¬
ing care of calves and horses than of children. Let the demand becieated,
and the supply will soon come. From the influence of intelligence upon
the wealth of a State, it is clear, that it is to the interest of the State, in a pe¬
cuniary point of view, to carry into effect this system. It is now a settled ax¬
iom that intelligence and wealth stand to each other as cause and effect, and
that the best possible way to increase the wealth of a State, is to promote
directly the intelligence of the people. Ignorance keeps inactive the mind,
which is the productiveagent of a community,and ends inevitably to poverty;
intelligence keeps it employed, and as certainly leads to wealth. I ake the map
of the world and you will find, that, in proportion as States are enligh¬
tened, (ceteris paribus,) they are wealthy. We may compare foi example
England with France, and France with Spain or Portugal. Spain was once
the rival of England and France ; now she is the meanest of kingdoms^-she
neglected the educat ion of her people, and she has paid the foi lent K

much more economical to have provided-the means of enlightening the
minds of her people, than to be engaged in working her mines of sihei a
gold and intestine wars. Ignorance cannot be made available even by the
arm of a despot; and the monarchs of Europe now understand it.

In proof of the gain of intelligence to a State, I will refer you to the rel¬
ative productiveness of English over French laboi. Eng am ,v\uia is--
territory, smaller population, and less genial climate, has double the wealth

*.....

232

ol France. For this she undoubtedly is indebted to her superiority in in,
telligence, enabling her to employ a larger proportion oi' the minds of the" I
.State in producing. And it is to the same cause that New England is j n .
debted for the productiveness of her labor. With a barren soil, and an un-
genial climate, her labor is much more productive than Southern labor, with
all their advantages of soil and climate. The exports of Massachusetts alone
amounts to $>1,0U0,000 per annum. Mr. Webster, in a late speech, attrib¬
utes this to their Common Schools; in fact there is no diversity of opinion
upon this subject, in all those States. Who can estimate the amount saved
to the United States, annually, by the inventions and improvements of I a . I
bor saving, or, as Mr. Webster properly styles them, labor doing machines,

Or who can anticipate the value of the discoveries and inventions which
the general education of the people would produce? The very elements
are in the hands of educated man, and work for him in proportion to his
knowledge..

In further illustration of this subject, compare the same countries with I
themselves at different periods of their history. Egypt, for example—what
was she, when she was the seat of letters? She contained a population of
20,000,000 upon a small territory. She was a great, a powerful, and a
wealthy kingdom—and what is she now? The basest of kingdoms. And Italy I
—what was she, when she was the land of science?—and what is she now!

F on may extend these comparisons as far as you please, and you will
find that it is not only a general fact, but that the ratio is preserved with
mathematical exactness, that those nations where the people have been best
educated, have also been most remarkable for the wisdom of their laws, and
the prosperity and wealth of their citizens. The money expended for the
education of the people would add more to the wealth of the State, than
the same amount expended in any other way. By educating all the minds
in the State, in a few years an amount of talent, of industry and enterprise,
would be called forth, that would repay one hundred fold for all the money
expended. The establishment of Common Schools will multiply the num¬
ber of our valuable citizens, and of our wise legislators and rulers; will de-
velope the whole mind of the State, and enable us to keep our present ex¬
alted stand in the councils of the nation. There is another view which
shows that it is not only the most benevolent plan, but the most economical
to educate all the children in the State. It has been ascertained that those
States which have neglected to educate their children, expend more for the
punishment of criminals and the support of paupers, than would be sufficient
to avert these evils by educating all their youth. “Education is the cheap
support of a nation.” The price which an ignorant nation has to pay for
the repression and punishment of crime, the maintenance of tranquility, I
and the support ot pauperism, is enormous. Jails, prisons, constables and
police officers, and courts of criminal judicature^ cost more than school hou¬
ses and teachers—-and surely the latter is a more agreeable tax to pay. The
question to be decided, is not whether the people are to be taxed or not? but I
foi what they shall be taxed ? In civil society taxes are inevitable. Shall
they be taxed a less sum lor the education of all the children in the State,
or a greater sum for the support of paupers and the punishment of
criminals, is the point to be decided ? Ireland pays a greater tax to main¬
tain tranquility and to support pauperism, than Scotlaud pa vs for theedu- I
cation ol all her children, and for all the expenses of government. The

■cenes that are yearly occuring in Ireland, could not take place in Scotland.
The whole world would be filled with astonisnment if they did. And why? Be¬
cause they are known to be an enlightened people. England expends more in
m isons and constables for the regulation of that portion of her population, for
which the government provides no schools, than Prussia pays to support all
, sc hools. The expense of transportation in Great Britain for ten years, end-
incr ill 1S37, was more than £8,000,000. The expenditures for New South
Wales, and Van Diemon’s land alone, in 1836-’/ was £490,000. 1 his is a

heavy penalty for the neglect of education; and especially when we take
into the count the amount that these criminals might have added, by their
labor and industry, to the wealth of the country. There is less paid in
Prussia, Scotland, and in the New England States, for the support of pau¬
perism and the punishment cf Crime, than in any other countries on earth,
containing an equal amount of population; and they are the best educated
States in the world. Both in France and England education has been resort¬
ed to for the purpose of suppressing crime. It is the universal testimony
of those who have examined the subject, that it purifies the morals and les¬
sens crime. It is important to every State to provide for the education of
her children—in a government like ours, it is indispensable. Our institutions
are neither designed nor fitted for ignorant men. They assume that men
are virtuous and intelligent. The right of suffrage is as extensive as pos¬
sible; and every voter should be able to read the laws ot God, and the con¬
stitution of his country. Republican institutions can no more exist, with¬
out the diffusion of knowledge and virtue, than animal life without air. Ask
not then how much it will cost to educate the people ; it must be done, at
any cost, or the downfall of our republic is sure. Ignorance has destroyed
all other republics, let us not split on the same rock. The State owes it to
itself, to secure that basis of knowledge and morality which is indispensable
to its own security. This cannot be done without a system of education.
No nation or State have ever educated its people without a system; and that
we are not doing it, is evident from the most satisfactory testimony. Com¬
mon Schools, says Governor Everett, “are the basis of every wise system
of popular education.” But there are some who admit all this; neverthe¬
less hold that a system of Common Schools is impracticable with us. The
reasons assigned for this opinion, are the sparceness of our population, and
the existence of slavery. Both of which, I admit, aie obstacles, but fai
from being insuperable'. That the sparceness of the population is not, is
evident, if we refer for a moment to our statistics. Iventucky coveis an aiea
of 40,500 square miles, and contains near 600,000 white people—150,000
of which are of the schooling age. A school advantageously situated m a
district of 16 square miles, would be convenient to all within its limits.
Such a district would contain 240 whites, 60 of which would be ot the pro-
per age to receive instruction. A large majority ol our population might
have permanent schools conveniently accessible to their dwellings. INor is
there any thing in the existence of slavery fatal to the success ol the sys¬
tem. There are but two ways in which slavery can act against the system.
First,by making the population to be educated less too sparseior the estab-
lishment of schools, which I have shown not to be the case with us. And,
secondly, by fostering a spirit of pride, which makes uch men, and tie
masters of many servants, unwilling to place their children on a le've
with the children of the poor, and to submit to those neighboihood

1 —../-NTT

232

regulations which are involved in the system. This whole argument ap¬
plies, with all its force, against republicanism, and in favor ot an aristocrat-
ic form of government; and if true, shows that slavery should be abolished,
and not the Common Schools should be given up. But I do not believe that
the inequality of wealth, and the pride of mastery, exist to such a degree
with us, as to hinder the success of the system. There is no slave State in
the Union where it is so mild and contracted in its influence as in Kentucky,
The experiment has not been fairly tried in any ol the slave States. Vir¬
ginia adopted a system of poor schools, but not ol Common Schools; and
ft was a failure as was foreseen by her wisest statesmen. South Carolina
adopted a system of public instruction, different from ours, and from those
of the other States which have engaged in this work; and, so far as 1 know,
it has been successful in its operation. It was so, according to the last in¬
formation which I have on the subject. It, had cheapened the price of edu¬
cation—reduced it to $6 per scholar per annum—and had extended it to
thousands of children which otherwise would have grown up in ignorance.
This proves that slavery is not an insuperable barrier in Kentucky; for the
unfavorable influences referred to, exist in their widest extent in South
Carolina.

Again, there are some w r ho are opposed to the intervention of govern¬
ment in education, and who hold that it should be left entirely to the di¬
rection of individuals, and that the Legislature should abstain from any
care or superintendency over it. That this is an erroneous view, is evident
upon the slightest reflection upon the objects of government. The alleged
object of all governments is to promote the general happiness, or the pub¬
lic weal—to take care of the best interests of the community. They are the
guardians or representatives of the people, and are bound to do all just and
lawful things to promote their wealth, happiness, and character. That the
establishment of Common Schools would most effectually answer these ends,

I have endeavored to show; and therefore should be patronized by the State.
In this opinion, I am supported by the wisest and best men in every age
and country. Socrates, Plato, and Aristotle, the three most distinguished
philosophers of ancient Greece, expressed the sentiment, that one great ob¬
ject of legislation should be, the education of the people. Among the mod¬
erns, the authorities are so numerous that but a few can be mentioned.—
Lock, Milton, Lord Karnes, and Blair, all reckon education as one of the
capital articles of government; and as entitled to the nursing care of the
Legislature: for no State says, Lord Karnes ever long flourished where ed¬
ucation was neglected. And Dr, Paly says, “That to send an uneducated
child into the world, is injurious to the rest of mankind; it is little better than
to turn a mad dog, or wild beast, into the street; it is to defraud the com¬
munity of a benefactor, and bequeath them a nuisance.” Washington, in
his farewell address to the nation, says: “Promote, as an object of primary
importance, institutions for the general diffusion of knowledge. In propor¬
tion as the structure of a government gives force to public opinion, it is essen¬
tial that public opinion should be enlightened.” O that this sentiment was deep¬
ly rooted in the mind of every freeman!! John Adams says, “The wisdom of
the Legislature in making liberal appropriations for the benefit of schools, is a
portent of great and lasting good.” Mr. Jefferson says, “I look to the diffu¬
sion of light and education as the resources most to be relied on for ameliora¬
ting the condition, promoting the virtue, and advancing the happiness of
man. A system of general instruction which shall reach every description

from the richest to the poorest, as it was the earliest, so it

3 in which I shall permit myself

__ j _ Learned institutions ought to be

ol y free people; they afford the best security
•ous encroachments on the public liberty ; they mul-
■' ' j whom the people may elect a

uo uu/tion of their public agents.” Mr. Monroe, says, “ Let us, by all wise
nd constitutional means, promote intelligence among the people as the best
' -eserving our liberties.” Chief Justice Marshall says, “I cannot
- 1 r convinced than I am, that virtue and intelligence are the

• independence, and the conservative principles! of national and
' _ j.” Benjamin Rush, one of the venerable signers of the
of independence, thus strongly expresses himself on this subject:
but one method of preventing crime and of rendering a re-
, un ,i of government durable, and that is by disseminating the seeds
j and knowledge, through every par tof the State, by means of edu-
and this can be done effectually only by the interference and the aid
j. I am so deeply impressed with this opinion, that were
tiis thrrStevening of my life, my parting advice to the guardians of the lib¬
erties of mv country would be, establish and support public schools in every
Lrt of the State.” ' And, De Witt Clinton, the founder of the great system
oTlnWnTl Improvements, says: -Tbsfat duty of Government and the
surest evidence of good government, is the encouragement of education—

1 consider the system of our Common Schools as the palladium of our fiee-
dom, for no reasonable apprehension can be entertained of its subveisio , •
loner as the great body of the people are enlightened by education. I can-
aof recommend, in terms too strong and impressive, as munificent appiopa-
ations as the faculties of the State will authorize, for all establishments con-
Sd with the interests of education.” These are he most venerable
names in American history. It is not possible to cite higher authonties
and thev all speak one language—surely theirs are the words of wisdom
and of truth—surely a State should pause before it rejects the counsels of
such men. I might add other names, but I forbear. Patnots and states-
me the most distinguished in our land,bear undivided testimony m support
S Common Schools! The Congress of the United States, have shown by
their acts, that they consider the education of the people to be a matter ol
primary importance, by setting apart every 16th section of land, former
for the y support of colleges and schools, in all the new States formed out of
the public domain. Most of the States of this Union, and those most distin¬
guished for the wisdom of their legislation, are devoting their mighty enei-
|es to tiffs noble cause. The New England States New^orkJtajt
vania Ohio New Jersey, and Michigan, are taking the lead. Their motto
is first educate the people, and all else that is wise and proper will be more
easy of accomplishment; and when we look at the oldworld,weareamaz-
ed at what we behold—the sovereigns of Europe, making the education

their people the prominent object of legislation f^^P^^^X l the'best
vision. The Emperor of Prussia first commenced and established the best
and most complete system of education the world has ever witness ^
When Frederick William III ascended the throne, in 1/97, ^ '

ahead of many other nations in her system of education; hut,, by^steady,
persevering effort he, has blessed the earth with a matchless system, en-

of our citizens,

^all be the latest, of all the public
to take an interest.” Mr. Madi
the favorite objects with every
against crafty and danger
imlv the educated individuals from among

U rV .• L- .L_:_Ui:„ wr-arvtc. ” M r. Ml

due port

ai—

means ol pr
be more perfectly
basis of our i
individual happiness,
declaration

“There is
publican form o,
of virtue r

cation; i -

of the Legislature

234

throned himself in the hearts of his people, and become the admiration
of the world. Whether it was to attach the people to his government, by
making it indeed a nursing mother, or because he became convinced that
an ignorant community are unavailable for every useful and noble purpose
and contains within itself the elements of destruction—a lesson that might
easily be learned from the French revolution, and from the present state of
Spain and Portugal, or whether it Avas disinterested philanthropy or all
of these causes combined—certain it is, he has been a benefactor to his race
and his name will be mentioned in future ages with enthusiastic admiration,
while others, who have become renowned by oppression and bloodshed, will
be mentioned only to be execrated.

The emperors of Russia and Austria, observing the Avonderful change
Avrought in Prussia, have adopted the same policy, and are hoav emulating
the Prussian king, in providing a complete system of instruction for their
Avhole people. The edict of that mighty autocrat, Nicholas of Russia, has
gone forth, that every child in his immense dominions, extending from Po.
land to Siberia and from the White Sea to the regions beyond the Caucasus,
shall be educated, as fast as the teachers can be obtained; and he is spend¬
ing A'ast sums, and sparing no pains, for its speedy accomplishment. Nor is
this spirit confined to these mighty empires; there is hardly a nation on the
continent that is not awake to the subject of universal education, and be¬
ginning to walk in the footsteps of these great states. Even the Sultan of
Turkey, and the Pacha of Egypt, are beginning to Avant teachers for their
degraded people. France has determined to establish elementary schools in
every section of the country. Lord Brougham has introduced a bill into
Parliament for the establishment of schools in England; and meetings
are being held throughout the whole country for the purpose of agitating the
subject. The whole civilized Avorld seems to have been aroused from its
slumbers, and are combining in one mighty effort to spread light and knorvl-
edge among the people; and sad indeed will be the condition of that State
that stands still and leaves the education of its people to chance or caprice.
Shall we, Avhose very government rests upon the pillars of virtue and
knoAvledge, do nothing to give education to those Avho are so soon to take
charge of all its interests, Avhile the monarchies of the old Avorld are making
it the paramount object of legislation? Shall our oavii glorious republic be
outdone by kings in this noble work? Let us lay broad and deep the founda¬
tion of our government, that the superstructure may stand firm, Avhen the
elements of party spirit and sectional jealously shall rage in the land. Let
the mind of the country be enlightened, and the Union will be preserved,
and the gallant vessel of State, freighted Avith all our interests and the hopes
of the world, Avill make her Avay through the rocks and the quicksands Avhich
have proved fatal to other republics. There is a spirit of agrarianism
abroad in this land, on the one side, and a spirit of aristocracy, on" the other,
which threatens devastation and destruction to the country. The only power
than can keep in check these fearful elements, and say to them thus far shalt
thou go and no farther, is the general education of the people. It is vain to
enact laws, and build jails, and prisons, if the people be ignorant; you cannot
purify the streams, Avhile the fountain is polluted; man needs knoAvledge to
govern his appetites and control his passions. I feel proud, when I look over
this great State, and see the roads that are making, and the rivers that are be¬
ing opened, bringing us into contact Avith other States, and aflording facilities

le in ignorance,
scorn and corn-
under the face of Heaven. 'I he
Cl .Jud and"high minded people, and will not long
School System has the principle of vitality in it
•fectly adapted to the genius of our government
t in the hands of the people. The majority ot the
ide whether they will accept the system what
3 raised to support the school—elect their own ot¬
to make the schools just what they please. Nothing
will ultimately cause the system to
... ed, should the people be slow in adopt¬
in'Pennsylvania it was rejected at lust
'' ' In despostic governments,
in a free government
1 concen-

than the arm of any despot.

■ —the chords to be

Parental aflection, pat-
the tribunals to be ad-
of humanity, of patriotism, of conscience,
ittered in vain. Kentucky has too much

for importation and exportation
we are only exposing our nake
miseration of visiters from al
people of Kentucky are a pro
suffer it. The Common .
it must succeed. It is per
and institutions. It is letl
voters in each district dec:

ran be more democratic. Perseverance
triumph. Nor ought we to be discouragi

merit. It was so in other States. ;

b\°a vote of the people—now it is their idol,
ii root pntprnrisesca.il ffo forward without delay; but w

like S ours, it requires time for public sentiment to be enlightened anc

trated; hut when accomplished, it is stronger t..-

The motives to move forward in this cause are too potent-
touched are too tender, to admit of fears of failure
notism duty, pride, benevolence, andmgrt, m
dressed, and the voice
and of interest, will nc
generous pride to be
patriotism to see the ii
bought with the price <
too much humanity to
ignorance—too much
productive capital of tl
port aged paupers anc
educate all the childre
avoided. That there ai
too glorious and great
be overcome, and are
had to contend with,

236

the language of every patriot, “Give it to us in any shape, and receive for
the inestimable boon, the thanks of the young, and the blessing of the old”
Guardians of the public weal, I appeal to you with confidence in behalf 0 f
what I conceive to be the vital interests of our common country. U er
prosperity, 1 know you cherish with all the pride and ardor of patriotic feck
ing, and let it never be forgotten that all her prosperity is suspended on the
virtue and intelligence of her children ; that these are her strongest bul¬
warks, compared with which her ocean ramparts, and the thunders of h er
navy, and her chivalrous soldiery, are nothing.

Respectfully submitted.

J. J. BULLOCK, P. B. E.

R E P O R I'

PRESIDENT AND DIRECTORS

LEXINGTON AND OHIO RAIL ROAD COMPANY.

The President and Directors of the Lexington and Ohio Railroad Com¬
pany submit to the Board of Internal Improvement for the State of Ken¬
tucky the following statement of the transactions of the Company, since
the 12th day of January 1S3S, to-wit:

They submit a copy of the cash account, or balance sheet, as made out
by the late Treasurer of said Company to that day, as showing the amount ol
money received and paid out to that period, which is marked A, and lelei-
red to as part hereof.

By a law of the last session of the General Assembly, the number of Di¬
rectors were reduced to five, and on the 12th day ol December ISo/, an
election was had under said law, and the President and Directors, so elect¬
ed, continued to run cars on the road from Lexington to Frankfoi t up to,
and including, the 18th day of January 1838; during which time, they re-

ceived tor passengers, freight, sundry debts collected, which were due the
Company, including $291 90 cash, on hand on said 12th day of December
1S37, and $200 borrowed by the late Treasurer for the use of the Compa.
ny, the 4 sum of $2,960 38 cents; and paid out, during the same period,f or
the expenses of running the road, &c. the sum of $2,956 05 cents, leaving
a balance on hand of $4 33 cents, agreeably to the account herewith sub
mitted, marked B, and referred to as part hereof.

Immediately upon their coming into office, they reduced the expenses of
running the road as far as it was practicable to do so; and having,in their
judgment, satisfied themselves that the road did not pay the expenses of
running it, and in all probability would not do so thereafter; and believing
it to be their duty, as faithful agents, to continue running the can
on said road to accommodate the traveling public, in the best possible
manner, and at the same time not to loose, but make as much as practica¬
ble for the stockholders, and thereby enable the Company to pay the inter-
est on the $150,000 borrowed by the Company, on the guarantee of the
State of Kentucky, for the purpose of completing that portion of the road
from Lexington to Frankfort, and save the State from the payment thereof,
and prevent a forfeiture of the mortgage given by the Company to the
State for the purpose of indemnifying it against all loss on account of the
said guarantee, they leased out the road, cars, &c. to Philip Swigert & Co.,
for a period of four years from the said 18th day of January 183S, as ex¬
pressed in the lease therefor, a copy of which, marked C, is herewith sub-
mitted and referred to as part hereof.

They, also, sold to said Swigert & Co. the horses, &c. mentioned in said
lease, and the account endorsed thereon, for the sum of $5,222, at four,
eight and twelve months; the two first notes were discounted at bank for
the benefit of said Company, and have been paid; and the other note has
been discounted at the Louisville Savings Institution for the benefit of said
Company, and no doubt it will be paid at maturity, the net proceeds of
said three notes being $5,096 S7 cents; and they have received from the
Lessees, under said lease, up to the first day of November 1S3S, the sum of
$4,998 4S cents, which, together with the receipts from the Portland divis¬
ion of said road, and other means of the Company, has enabled the Presi¬
dent and Directors to pay the interest on said $150,000 to this time, and
prevent a forfeiture of said mortgage; which interest, with the exchange
thereon, amounts to the sum of $9,339 60 cents.

They believe the Lessees have kept the road in good order and repair,
and in other respects have acted fairly and faithfully towards the Company.

They received, in cash, from the late Treasurer, in addition to the small
sum of $4 33 aforesaid, the sum of $5,232 01, in the Branch Bank of
Kentucky at Frankfort, and the sum of $919 28 in the Bank of Kentucky
at Louisville, making in all the sum of $6,155 62; and, also, from the Com¬
monwealth of Kentucky the sum of $60,000, the balance due on her two
thousand shares of stock; and from the city of Louisville the sum of $30,-
000 , the balance due on her two thousand shares of stock.

They have collected, of the outstanding debts for freight, and lots in the
town of Midway, Lands, Horses, &c. sold, belonging to the Company, the
sum of $7,170 80; and not being able to obtain money as fast as it was re¬
quired for the use of the Company, the President and Directors determined
to borrow from the Banks, as much as was necessary for immediate use,
and accordingly they did borrow from the Bank of Kentucky, on the note

of the Company, $2,500; also, $500, on the note of the President, from the
°‘ Rank; also, $1,700, on the note of the Company, from the Louisville
Savings Institution; and, also, $600, from an individual, on the note of the
President- all which notes are paid except $1,250 of the first named note,
and there ’was $10 50 cents of interest paid on said note of $600.

The President and Directors, on examining into the affairs of the Com-
v ascertained that the contracts in progress, and the debts against it, on
1 ‘ J ’‘ t of work done, and to be done, by the contractors under said con¬
tracts would exceed their means more than $166,950; and seeing no rea-
snnable project of procuring the money to meet the liabilities, as they
would accrue, and believing, that if the money should be procured, that the
work under contract, could be re-let to advantage, they determined to set¬
tle with and pay oil’ the contractors, and procure from them a release ot
their contracts, as far as practicable, and in pursuance of that determina-
ion they have settled with all the contractors on the third division of said
,-oad commencing at Frankfort, (except Stoughton & Le Barron, and Wil¬
liam Le Barron, the contractors for the masonry and wood superstructure,
&c. of the bridge across the Kentucky river at Frankfort, on said road.) ob¬
tained releases of their contracts, and paid them oil, amounting to the sum
of $46,319 40 cents, and had to pay them, in addition thereto, the sum ot
$3 469’ 71, for damages, which, in the opinion of the President and Direct¬
ors’ was not more than one fifth of what might have been recovered of the

sum of $6,902 70; and the wood work was nearly all prepared, and a pair
thereof was on the ground; and to have stopped it, would have cost the
Company, in loss and damages, a sum nearly, or quite, equal to the cost ot
finishing it; they therefore determined to carry on and complete the work,
if possible; and it is still progressing; and they have paid therefor the sum
of $17,380 60, and have procured the city ol Louisville to guarantee $o0,-
000 of the bonds of the Company, agreeably to the provisions of an act ot
the last General Assembly of Kentucky, passed for that purpose, and have
borrowed $10,000 from the Northern Bank of Kentucky, for a period ot
five years, on the notes of the Company, renewable every six months; the
bond of the Company, with the guarantee of the city of Louisville at thirty
years, being left as collateral security therefor: and the Bank of Kentucky,
and the Bank of Louisville, have agreed to loan a like sum ol $10,000,
each on the same terms; and the Company have given a mortgage to the
citv of Louisville to secure her for said guarantee, as authorized by said act
of'Assembly, for the purpose of completing the bridge. The plan thereof
has been changed, in consequence of which it will cost something more than
the estimate. The change was made by the advice of the Chief Engineer
of the State, under whose charge said work was placed, by your order, on
the application of the President and Directors ol said Company. I he
change was considered necessary, and highly advantageous to the inteiest
of the Company. The length thereof is shortened, and the piei in me liv¬
er dispensed with, which, it it had remained, must, in all time to come,
have been injurious to the navigation of said river. _

They have, also, settled with and paid the contractors on the first divis.
ion of said road, commencing at Louisville, the sum of $20,075 22 cents,
and obtained releases from them of 'their contracts, except Joseph McDon-
aid, Stewart & Carmichael and James Price’s estate, to whom the Coinpa-
ny arc yet indebted about the sum of $4,827 S2 cents, McDonald claim¬
ed no damages, neither was he entitled to any; and Price’s contract was
forfeited by his death; and they had to pay one of the contractors the sum
of $25S 77 cents, for damages.

They determined to finish the Portland division of said road, and put it
into operation, if possible; and they have completed the same,from sixth
street in the city of Louisville, to a point near water street in the town of
Portland, on the Ohio river; and have paid to the contractor the sum of
$20,065 75 cents, leaving the sum of $1,164 43 cents still due therefor.

They have purchased a house and lot on the north side of Main, corner
of Sixth street Louisville, containing fifty five feet front on Main by one
hundred feet deep on Sixth street, for a depot, at the price of $12,000, and
paid $6,000 on account thereof, and executed the note of the Company for
$6,000 payable on the 13th day of March 1S39; and they have altered
and improved the premises to suit the conveniences of the Company at a
cost of about $2,500, and have paid on account thereof, the sum of $1,3G6
34 cents, leaving about the sum of $1,133 66 cents still due therefor.

No ground having been procured for a depot in Portland, nor the right of
way to connect said road with the Ohio river at that point, and the road
having been located and graded to water street in said town of Portland,
and a portion of the wooden sills, ties, &c. laid down by and before the 12th
of December 1S37, the present Board had great difficulty in procuring a
place for either; but they were ultimately able to purchase a slip of ground
betrveen said water street and the Ohio river, fronting thereon 315 feet,
for which they had to give $12,600, and paid $3,000 on account thereof,
and gave the notes of tire Company for the residue, payable in one and two
years from the 5th day of June 1S3S, with interest thereon from the date
till paid, which will give a good landing, and fine water at all seasons of the
year for steam boats, &c., but they have not improved the same, for the
want of the funds to do so.

For the purpose of using the Portland division of said road, the Presi¬
dent and Directors have brought, from Lexington to Louisville, the two lo¬
comotive steam cars and tenders, six passenger cars, two baggage cars,
twelve burthen cars, two old repair cars, and some extra wheels, which cost
the sum of $792 19 cents, which has been paid; and they commenced run¬
ning said cars upon said road on the 29th day of April 1S3S, both with
steam and horse power, and continued to run in that way until the 21st
day of May 1838, when, by the permission of the Mayor and Council of
the city of Louisville, granted on the petition of sundry citizens of said
city, and not on the application of the President and Directors of said
Company, they run by steam alone; and so confined until the 6th day of
November 1838, when, by an order of the Chancellor of the Louisville
Chancery Court, the Company were enjoined from using said road, by
running their cars thereon by steam, or otherwise, from Sixth to Thirteenth
streets, in Louisville ; and, owdng to the great distance of that point from
the business part of Louisville, they could not do as much business as would
pay the daily expenses, and they have been compelled to stop the whole bu¬
siness of the road in consequence thereof.

•243

,, „„ 4i,„ rA ,,,i -...ns twenty seven weeks and three days,

The time j tJ carr ied 93,249 passengers, and received $11,656 171

dLU f g +£vefor making an average gross receipt of $425 25 cents per week;
cents the , .'t t . <1202 30 cents per week; their clear profits were-

gzssr* s* #**» 10 “ ,,,s of “•

- - - *

sills and ties delivered on
, fi t division of said road, commencing at Louisville and extending
t, 174 m iles towards Frankfort; also, a few sills delivered on the third
? in of said road, near to Frankfort; and, also, a large quantity of sills
S ties on the road between Frankfort and Lexington, nearly all of which

“Jfiif -M^ke and ready for use, on the

firfdivision of said road, for which there is a balance owing of about
L s 33 75 cents, this being part of the balance herein reported as due on
Urn’t nart of said road; and it will not require more than about $2S,200 to
complete the whole grade on that division, and about $138,500 to complete
de grade on the thiid division of said road, being about eight miles up Ben-

S0 The e bi ; id g e across Beargrass creek, on the first division of said road, is
completed, and cost the sum of $27,700 68 cents, which has been paid, and
it will tike about $100 more to make the fills at the ends theieo .

temachine shop in the city of Lexington is still carned.on and there
his been three hands employed therein, a part of the time, and two at this
me Sio besides having finished for the Company a large new passenger
c™ and some open burthen cars and such other work as was required by
the’Company, have done the repairs for Philip Swigert & Co., ioi whi
they were to pay; and it was thought necessary and proper to keep hands
in the shop to take care of the establishment, engine, fixtures, &c. and to
prevent injury or loss to the Company; the expenses &c. of said hands and
Son hive been paid up to the 3d day of October 1S38, amounting to $987
Sent!, aiSd SiXert & Co. hive paid fa repairs, &c. to the same

’?hePresent aSr«fa"to„tinoed the Treasurer on the 18th of
January 1838, and since that time the President has discharged bis duties,

and one of the Directors has acted as Secretary. , t] t i

They have paid sundry debts against the Company to others than t ie
contractors on the road, and they have received, from all sources, since the
Sh of December 1837, the sum of *140513 084 cents, and have paid,
during the same period, the sum of $140,oil 0o. ( cents. .

The total amount of work on the road from Frankfort to Louisville, in¬
cluding the Portland. division and bridge across the Kentucky river, Mounts
to $273 4S0 07 cents, and the total amount paid by the iormei Boaid ot
Directors previous to the 12th of December 183/, amounts to the sum of
$167,0S1 20 cents, and the present Board have paid the sum ol $J0,~

45 cents, and the residue remains unpaid. t t

The debts due bv the Company, as far as they are known, amount to-
about $42,404 49 cents, to which must be added the $30,000 guaranteed
by the city of Louisville. The debts due the said Company, as far as they

214

are known to the Board, amount to the sum of about $3,939 50, about on
halt of which, in all probability, will never be collected.

The President and Directors laid the law, passed at the last session of
the Legislature of Kentucky, authorizing the Company to borrow money
for the completion of the road, before the stockholders at their annual meet-
ing on the 21st of May 1838, and the provisions thereof were accepted and
agreed to by a majority of them, as required by said law; and the city 0 f
Louisville, by the constituted authorities thereof, having agreed to guaran.
tee the bonds of the Company agreeably to the provisions of said law, the
President and Directors empowered John W. Hunt and James Guthrie
Esquires, to negotiate the loan; they visited the eastern cities for that p ur !
pose, but were unable to make a satisfactory negotiation; they ascertained
that all large loans, negotiated in the United States, were made for theEu-
ropean market, and that no bonds except State bonds would sell in that
market, without a ruinous sacrifice.

The real estate belonging to the Company in Louisville and Portland
cost the sum of $36,513 63 cents, and is fully worth that sum; and it is
believed that the bridge across the Kentucky river at Frankfort, when com¬
pleted, will pay the interest on the money borrowed from the Banks to
complete it, by the tolls authorized to be received.

The road from Lexington to Frankfort has not yielded a sum equal to the
interest on the $150,000 borrowed to complete it, for which the State is
guarantor; and since the Company are enjoined from the beneficial use of
the Portland division of said road, they have no income adequate to the
payment of the interest on said debt, and no means applicable to the pay¬
ment of the outstanding debts against the Company.

The President and Directors made application to the stockholders to re¬
fund the dividends, received by them in accordance with the decision of the
referees, but they have nearly all declined paying the amounts, under an
alledged opinion that, by the award, they were not liable to refund only
from future dividends; they have received from the State of Kentucky
the city of Louisville, the stockholders in Frankfort, and some three or four
in Lexington, the sum of $1,844 SO cents, and there remains due from the
other stockholders, under that award, the sum of $32,955 20 cents, which,
if paid, would, to that extent, relieve the Company from debt.

They will be compelled, if no other provision is made, to sell the timber
and rock procured for making and repairing the road, for the purpose of
paying the debts against the Company, and this must be done at a ruinous
sacrifice.

They believe, and are advised that the injunction, restraining them from
the use of the Portland division of said road, cannot be sustained; but it
will work a great damage and loss to the Company, until the final decision
in the Court of Appeals.

All of which is respectfully submitted, by order of the Board—

LEVI TYLER, President of the Lexington and

November 24th IS38.

i. " , . . - ; -

jy iirtiiciiaiitfitiiia

EXHIBIT A.

Balance sheet of the Lexington and Ohio Railroad

1 Hth, 1833.

I To Benjamin Taylor, stock account,

I To Harrison Blanton, stock account,

I To Abraham S. Drake, stock account,

I To City of Louisville, stock account,

I To Commonwealth oi Kentucky, stock account,

I To Land account,

I To P. Hallinan, contractor,
i To James Shannon, or Thomas Smith, Esq.

1 To H. Blanton,

I To William Graham, contractor,

I To J. P. Young & Co., contractors,

« To William Burlee, contractor,

I To R. C. Hord, contractor,

I To Hugh Shannon & Co., contractors,

I To James Fitzpatrick, contractor,

I To Levi Hobert, contractor,

I To Joseph Crannell, contractor,

I To William W. Stewart, contractor,

I To John Hulme, contractor,

To William Le Barron, contractor,

I To J. McDonald, contractor,

I To Burton Hazen, contractor,

I To William S. Church, contractor,

I To L. B. Stoughton, contractor,

I To John Gibson, contractor,

To Hamilton & Gibson, contractors,

To Stewart & Carmichael, contractors,

To William Bannon, contractor,

To John M. Patton & Co., contractors,

To Daniel Dougherty, contractor,

To Robert Miller, contractor,

To E. Carmichael, contractor,

To Nicholas Haney, contractor,

To Michael Staunton, contractor,

To Owen Carroll, contractor,

To Thomas Lawler, contractor,

To James Price, contractor,

To J. K. Morehead & Co., contractors,

To James Pace, contractor,

To P. McGinley & Co., contractors,

Amount carried forword,

Company, January

2,0S2 62
406 00
82 00
29,200 00
59,600 02
29,975 V71
336 00
82 00
1,071 50
396 21
11,650 75
3,179 62
1,666 66
706 25
3,909 44
7,050 23
700 00
733 03
265 90
6,930 00
985 00
3,330 36
300 00
3,000 00
660 SO
4,702 92
5,675 90
2,334 70
9,045 00
1,642 77
5S9 80
58 47
657 66
634 40
4,240 83
4,262 53
10,695 22
18,427 55
633 00
21,042 71

$252,943 56

Ml I i?

iMKl

.1 *

246

Amount brought forward,
Stoughton & Le Barron, contractors,
Duff & Burlee, contractors,

E. P. Shannon, contractor,

James Carothers, contractor,

John Corboy, contractor,

Extra expense account,

Building account

Branch Bank of Kentucky at Frankfort,

Bank of Kentucky, Louisville,

Charles B. Lewis,’

Bills receivable,

Machine shop,

Division No. 2,

McNair & Weaver,

Wood cars,

Stock cars $600. Burden cars $6,350,

Passage cars $3,700. Baggage cars $600,

Repairs of road,

Interest account,

Engineering account,

Horse account,

Machinery account,

Wood superstructure,

Office expenses,

Mathematical instruments,

Repair cars,

P. Dudley & Co.,

Joseph Ficklin,

Engine machinery,

Damage account,

Construction account,

Custom House duties,

Robert Tyler,

Iron rails account, $1,663 55. Milus W. Dickey, $1
Andrew Jackson, 25 cents. E. M. Blackburn, $250
Iron spikes account,

James Plamilton,

25,

00 ,

Cash account,

$252,943 5{
2,159 47
12,710 0
10,176 6t
1,750 oj
4,6812j
18,154 is
12,925 4]
5,232 01
1,387 3;
1,0S5 3j
5,191 21
31,723 41
364,510 55
26 70
1,250 oo
6,950 OO
4,300 00
31,088 26
32,352 28
43,360 50
6,043 61
23,403 38
21,890 43
16,602 21
1,173 49
500 00
256 79
12 73
15,451 S6
27,417 16
4S6 44
2,362 30
1,999 96
1,664 80
250 25
962 56
306 95
101 94

$964,4S5 IS

By Stock account,

By John Boyle,

By Rolla Blue,

By Elisha Warfield, Jr.

CR.

$748,100

40
1 80
14 40

$748,156 20

Amount carried forward,

Amount brought forward,
By E. Morrison,

Hy J. Putnam,

Ry Andrew F. Price,

By John Postlethwait,

By William Rockhill,

By William Yardly,

By Chaloner & Henry,

By John L. Martin,

By Thomas T. Skillman,

By Richeson Morrison,

B y H. S. Elgin, cross ties,

By Bridgford, Ricketts & Co.,

By Forfeiture account,

Bv Henry Burden, ii'on spikes,

By Guaranteed bonds,

By Premium account,

By Lexington Insurance Company,

tv n '_U1/%

■er of the Lexington and

'Ohio Railroad Company.

A. 0. NEWTON, Trcasur

EXHIBIT B.

■M, account of the Lexington and Ohio Railroad Company, since

December loo/.

1837. * a

December 13lh, To cash m hand ^ ^ this day,

to 14th January inclusive, both days,

To cash received for freight, transportation,
and outstanding debts therefor,

To cash received on account of McNair ^

TocaslTof Thomas E. Boswell, in full of ac-

Tc^cash'of Lexington Insurance Company on ^
loan, _

1837 - CR.

December 13th, Extra expense account, paid on that account, $ 266 7 g
A. O. Newton, paid him, l 6 g ^

McNair & Weaver, paid them on account of
money received by us on their account, 636 00

Freight transportation, paid on account, 58 p>

Charles B. Lewis, paid him at sundry times, 377 ^

Repairs of road, paid hands for December, as
per return, 255 42

Passenger account, paid for sundries, 275 07

Building account, paid Layton & Co’s. bill,. 37 25

Balance, 139 fid

A. O. NEWTON, Treasurer

183S.

January 15th, To Balance cash on hand,

To Freight transportation, received on that ac¬
count,

To Cash received on outstanding accounts,

To Machine shop, for cash received on that ac¬
count,

To McNair & Weaver, received for their account,
To Passengers, from 15th to 18th January 1838,
inclusive, on that account,

January 15th, Passenger account, paid for sundry expenses,
Charles B. Lewis, paid him on account of ex pern
ses,

Building account, paid for sundries,

Iron spikes account, paid for sundries.

Freight transportation, paid on account of ex'
penses,

Office expenses, paid on that account,

Extra expenses, paid on that account,

Repairs of road, paid on that account,

Balance,

January 19th, To Balance cash on hand

ms.

Jinuarv 19th, Bv cash paid Levi Tyler, President, by A. 0,
Newton, Treasurer, in full,

EXHIBIT C

Lexington and Ohio Railroad Company, \

To > COPY LEASE, &C.

P. Swigert ^ Company, )

This Indenture, made this 18th day of January 1S38, between the
President and Directors of the Lexington and Ohio Railroad Company of
the first part, and E. P. Johnson, Jacob Swigert, Philip Swigert, Samuel P.-
Weisiger and John PI. Hanna, by the name and style of Philip Swigert & Co.
of the second part: Witnesseth, that the parties of the first part, for and
in consideration of the covenants and agreements hereinafter entered into
and stipulated, hath demised, leased and to farm let, to the parties of the
second part, the said Lexington and Ohio Railroad from Lexington to
Frankfort, the ware-houses, offices, car-houses and stables at Lexington,
the head of the plane and Frankfort, and the lands and stables of the party
of the first part on the road between Lexington and Frankfort, (except the
small house now occupied by N. Alley, at the head of the plane, the unim¬
proved lots at Lexington and Midway, and also, the machine shop, lot, fix¬
tures and appurtenances, which are reserved by said first party and not in¬
cluded in this lease,) for the term of four years from this date, unless sooner
rescined under the agreement as hereinafter provided; and said first parties
have also, demised, leased and to farm let, unto said second parties, eight
passenger cars, valued at twenty nine hundred dollars, and thirty nine bur¬
then cars, valued at seventy five hundred and seventy five dollars, for the
term aforesaid; and have sold to them fifty five horses with the harness &c.,
valued at five thousand dollars, and agree to keep and maintain them in the
possession of the demised property during this lease, (except as hereinafter
stated,) and to warrant the title of horses and harness &c. For, and in
consideration of which, the parties of the second part, do hereby agree and
bind themselves to raise the stage fare from Lexington by way of Ver¬
sailles to Frankfort, to one dollar and fifty cents for each passenger, and the
same price from Frankfort by way of Versailles to Lexington, and in the same
ratio between said places both up and down, and not to reduce the fare on
said route during this lease, in their present or any other stages which they
may run as whole or part owners, or be in any way or manner interested
in, on said rout; that they will keep the Railroad in as good repair as it is now
in, natural ware and decay excepted, and will repair it as often as it may be
necessary and proper for that purpose, during this lease; and to that end
32 [App. toS. J.]

they are to be permitted to use the materials of the Company at the cost
thereof; and they shall, also, take good care of the residue of the said de¬
mised property, and not commit or suffer others to commit any waste there¬
of, and keep the same in good order and repair during this lease in every
respect and particular; and they shall, also, put a train of broad tyred or
broad wheel wagons, consisting of not less than four, and run them from
Frankfort to Louisville, during the term of this lease, in connection with
the burthen cars on the Railroad, to he started so soon as they can be pro.
cured and put into operation by said second party; that they will run the
passenger cars on the Railroad during this lease as often as they are now
run, unless agreed to the contrary by both of the contracting parties; that
they will use every exertion in their power to throw the travel on the Rail¬
road, and give satisfaction and good and comfortable accommodations to
the travelling public in every respect and particular: and that they will pay
to the parties of the first part, fifty cents on each passenger from Lexington
to Frankfort, and fifty cents on each passenger from Frankfort, or the head
of the plane, to Lexington; and when passengers enter at either Frankfort, or
at thehead of the plane, or atLexington,andonlygo apart of the way on said
road, the second parties shall pay to the said first parties, two fifths of the sum
received; but the way passengers taken up between those points are not to
be paid or accounted for to the said first parties. The said second parties
are to make out and send way-bills from Lexington and Frankfort, and
have the names of all passengers entered on them, and copy them in a book
kept for that purpose, and make monthly settlements and payments to the
said first parties, who are to have the inspection and examination of the
way-bills and hooks aforesaid, for that purpose, at all times. There shall be
no free passengers on the Railroad, except the President and Directors of
said road, their engineers and agents, and the said second parties and their
agents, together with the families of the said President and Directors and
said second parties only. The said second parties are to give to the said
first parties their notes, negotiable at bank, for the value of the horses, har¬
ness, &c. payable in four, eight and twelve months, which valuation shall be
made immediately by the parties hereto, or their umpire mutually chosen by
them for that purpose. The said second parties are to pay all taxes on the
property leased, and to surrender this lease, and all the demised property, so
soon as the Railroad from Louisville to Frankfort shall he completed, or in
a reasonable time before, if required by said first parties, for the purpose of
repairing the road from Lexington to Frankfort, in order to be put into op¬
eration and use at the same time as the road from Louisville to Frankfort.

The said second parties shall not sell, transfer, or assign this lease, or any
part therof, to any person or persons whatever, nor increase or diminish the
fare or price of carrying passengers on said road, from what it now is, du¬
ring the continuance of this lease, without first obtaining the written con¬
sent of said first parties for that purpose; nor shall they sell out or transfer
their interest in the stages and route from Lexington by way of Versailles
to Frankfort, or visa versa, or either of them, without the like consent of
said first parties, or binding the person or persons who may purchase to
keep up the fare or price of carrying passengers thereon, according to the
true spirit and meaning of, and as fixed by this lease; nor shall they do, or
permit to be done by others, any act or acts whatever, contrary to or in vio¬
lation of the charter of the said Railroad Company, or any of the amend¬
ments thereto.

It j s jtrreed that when this lease terminates, that the passenger and bur¬
then cars are to be returned, and if they shall then be worth more than the
valuation aforesaid, the said first parties are to take them and pay the ex¬
cess and if less, the said second parties are to pay to said first parties the
difference. Either party to this contract may terminate the same, by
mviirr to the other three months notice in writing, of their desire to do so;
but should the parties of the first part elect to do so, in that event,
they are to pay to said second parties for their stock upon the road and
harness and wagons and teams, at valuation, to be made in cash, before
they shall have tne right to terminate the same. At the expiration of this
lease the said second parties are to return and deliver up the quiet and
peaceable possession (if this lease shall not have been previously terminated
in some one of the ways herein before provided,) of said road, in as good or¬
der and repair as it now is, natural ware and decay excepted; also, at the
same time, all the other demised property, in like manner, in as good order
and repair as it now is, natural ware and decay and unavoidable accidents
by fire on excepted. It is further agreed and understood between the par¬
ties hereto, that the ware-house at the foot of the plane in f rankiort, on
the northwardly side of the said Railroad, does not at this time belong to
the said first parties, and is not now included in this lease, but il it should be
obtained by them, then it is to be included with the other property; neither
are the unimproved lots in and about Frankfort included, but are excepted
out of this lease, and said first parties are to have the use of the car-house
or houses at Lexington, where their locomotives are now kept, lor the pur¬
pose of preserving and taking care of them and preventing any injury to
them; and the said second parties shall, also, take care oi and presene the
said locomotives and timber, iron, &c. on said road, and demised piemiscs
for repairing said road, and do all in their power to prevent loss or injury
thereto, and not to use said locomotives in any way whatever; and shall,
also, carry and transport for said first parties during this lease, all m tides

of every description, which they may require, from time to time, and with¬
out delay, on said road for the purpose of completing the same from frank-

SEAL.

Schedule of Cars,

Six small passenger cars, $ 2,400 00

One large red passenger car, .... 500 00

One baggage car, ..... 225 00

Twenty four burthen cars, .... 4,S00 00

Two stock cars, ..... 600 00

Three repair cars, ..... 450 qq

Ten wood cars, ..... 1,500 00

$10,475 00

PHILIP SWIGERT & Co.

LEVI TYLER, President of the Lexington and

Ohio Railroad Company.

The large red passenger car, valued at 500 dollars, has been returned to
the Company, and two small red cars, valued at 600 dollars, substituted by
consent of parties.

PHILIP SWIGERT & Co.

LEVI TYLER, President of the Lexington

and Ohio Railroad Company.

a *1^.1 t non ■* *

A list of property belonging to the Lexington and Ohio Railroad Compa¬
ny, and sold to Philip Swigert & Co., to-wit:

Fifty five horses, one wagon, gear and harness, corn in the
garners, oats and hay in the stables and six stacks of hay
purchased of Flournoy, all for $5,000 00

One hundred barrels of corn, purchased of T. Hunt, at $1

50 cents per barrel, 150 00

Twenty four cord of wood in ware-house at Lexington, at

$3 per cord, 72 00

At four, eight and twelve months, per notes taken, payable in Bank, da¬
ted 18th January, 1838.

LEVI TYLER, President of the Lexington

and Ohio Railroad Company.

ON TI1E

GEOLOGICAL RECGNNOISSANCE OF KENTUCKY

MADE IN 1838,

BY W. W. MATHER

JAMES CLARK,

Jackson C. H. Jackson County, Ohio, )
December 2S, 183S. \

Having; been appointed by your excellency to carry into eflect a
joint resolution of the General Assembly of the Commonwealth, to make a
geological and mineralogical reconnoissance ot the State, and submit a re¬
port thereon, together with a plan in detail, and estimates, for a geological
and mineralogical survey of the State, I have the honor to report, that on
receiving my appointment, I entered immediately on the discharge of my
duties, and have made a reconnoissance of the mineral districts ol Ken¬
tucky. Less time was devoted to this reconnoissance than would have been
desirable, in consequence of other duties; but amply sufficient, it is believed,
for the purpose intended by the joint resolution of the General Assembly,
and sufficient to impress one with an assurance of the vast mineral resources
of the Commonwealth, which have so long lain dormant beneath and on oui
soil, ready for the hand of industry and enterprise to apply them to the va¬
rious useful purposes of life.

254

Less has been written on the mineralogy and geology of Kentucky than
almost any State or territory in the confederacy, and it has’ probably been
owing to the apparent uniformity of its minerals, and their small number in
that portion of the State which is most densely populated, and which is ap¬
propriately called the “garden of Kentucky.” Agriculture is almost exclu.
sively the occupation of the people, and for this purpose the soil is admirably
adapted. Few ores or minerals calculated to attract the attention, either by
their beauty or their economical value had been observed, and the subject
has not., therefore, attracted much attention, until the recent developements
in other States, have caused the people to realize the importance of a knowl¬
edge of their mineral resources. The inhabitants of the mountainous parts
of the State, and some of those in other portions, have long knoxvn of the
valuable beds of coal, iron ore, &c., but even now, they are not properly ap.
predated as the elements of future wealth, and as the source of unlimited
employment to a large manufacturing population. In consequence of a
knowledge of mineralogy and geology not being generally diffused through
the community, the people are neither aware what minerals may be expect¬
ed to be discovered, nor in what situations to look for them,and even where
particular minerals of value have been found, few know how to trace out
their extent, or find the continuation of the beds in the adjacent lulls and
mountains. It has often been observed in examining the mining districts of
the State, that the minerals worked, were supposed to be confined to the lo¬
calities where they were found, when a slight knowdedge of the elementary
principles of geology, would have enabled the proprietor to trace the beds to
situations where they would be more favorably situated for working and for
transportation.

The internal improvement system which has been prosecuted so liberally
under the enlightened policy of our statesmen, is now furnishing means of
transport for our coal, iron, salt, agricultural products and manufactures to
their appropriate markets.

As these public works were in part planned in reference to the transport
of- our mineral products, it follows as a consequence, that our mineral re¬
sources should be thoroughly developed, in order to give full value to these
improvements already constructed, and to indicate the routes of future lines
of transport which, the wants of the community may render necessary.

No State, probably, possesses such natural facilities for the transport of her
mineral and agricultural products, and her manufactures as Kentucky. The
Big and Little Sandy flow in the midst of a region of coal, iron ore, coppe¬
ras and alum rocks, sand rock, &c. The Licking, Kentucky, and Cumber¬
land penetrate beyond the agricultural into the very heart of the coal, iron
and, salt regions, affording every facility for an easy interchange of such pro¬
ducts as are not sent from these districts to a more distant market. So with
Green River, it flows from the heart of the State, through a rich agricultural
and mineral country. And since this region conains an extensive coal forma¬
tion far distant from any other in the valley of the Ohio, (except that por¬
tion of it which extends into Indiana,) it is reasonable to suppose that a
large share of the coal which will be consumed in the valley of the lower
Mississippi, will be drawn from the coal basin of the western part of Ken¬
tucky, and Indiana. It is well known that there are no coal beds on the wa¬
ters of the Arkansas and Red rivers, until near the west boundary of Arkan¬
sas, and none accessible near the Mississippi, except near St. Louis, and

thence north to the Rock river. It is thougl
viver valley can be shipped to the lower mai
St Louis, the Illinois river, and Mississippi;
cheaper, and will be able to compete with
the preference in the market.

The amount of coal now consumed on tin
Mississippi is very great, but I have not bet
for an estimate. It is used for domestic fuel
various manufactories, steamboats, and suga
The consumption is rapidly increasing m ;
coal is applied, but the use for sugar houses
advance oi the othe
houses, almost univi
my, but because it
the heat. It is to l
selection ol the cot
The mineral districts are grouped
ried in their character and aspect as in
saltpetre, limestone for common and hydraulic lime,
and firestone, limestone for building stones and mar
coarse pottery, shale for firestone, fire 1
manufacture ol copperas,
of economical interest.

These substances occur in abundance w
few of the locations, comparatively, are ei
mass of the people. In addition to these are van
springs, petroleum or burning springs, and lead oie.
and amethyst, such as are extensively manutactuied in
ornamental articles and precious stones, are common l _

State. The mineral districts of Kentucky embrace m the aggiega

the whole area of the State. vth the area of the

The coal, iron and salt districts occupy about onefour ththe aea ot

State and are par+s of the coal basins of the upper and lower Oh.o.J
The coal formation of the upper Ohio is very extensive, occupying,The

eastern £Tof Kentv^ Tire
tucky, mosi .„ W „iw nf the Wabash in Indiana.

• it to wood, not only on the score oi econo-
Mated, and there is a greater uniformity in
ever, that care should be taken in the
s to have it free from sulphuret of iron.t
in different parts of the State, and va-
their products. Coal, iron ores, salt,

' " , sandstones for building

files, clay for bricks and
bricks and pottery, and pyrites for the
are among the most important mineral substances

ithin the limits of the State, but
r appreciated by the
valuable medicinal
Chalcedony, agate,
Germany into small
some parts of the
almost

*The data thus far obtained, justify the conclu
to market per annum, from the mines in the Cui
rivers.

tThis mineral is common in some of our coal
hard and heavy, and is frequently mistaken fot {
hardness and brittleness will enable any one to
blue flame, and the odour of sulphur, and leave:
is attractable by the magnet.

:j:The terms upper and lower are convenient
< the Ohio at Louisville as a natural division h

256

The western limit oi' the coal formation of the upper Ohio in Kentucky
may be indicated, approximativeiy, by a line drawn from near the mouth'of
Tygart’s creek, by West Liberty on the Licking, the forks of the Kentucky
and the South Fork of the Cumberland into Tennessee. The country east
of this to the west line of Virginia abounds in coal, iron ore and salt.

The boundary of the lower Ohio coal formation, within Kentucky, may
be indicated by an irregular line drawn from near the mouth of the Wa¬
bash, so as to include Henderson, Daviess, Hancock, Ohio, and most of Un.
ion, Hopkins, Muhlenburg, Butler, Edmonson, Grayson, and a small portion
of Breckinridge, Hart and Warren counties. Below the coal formation is a
formation of slate rock, several hundred feet in thickness, and abounding ; n
iron ore. It forms the surface of a belt of country several miles in width
and extending parallel to the coal formation from near Clarksburg, in Lewis
county, S. S. W. across the Licking, between Owingsville and the narrows of
the Licking, thence by Irvine on the Kentucky river, thence S. W. by Stan,
ford and Liberty across the Cumberland river. Another branch , as it seems
to the eye, (althpugh in reality it underlies the surface rocks between the
forks,) ranges from Irvine along the base of Muldrow’s hill by New Haven
to the Ohio river. The iron ore in this formation is exceedingly abundant
It appears to be a calcareous and argillaceous carbonate of iron, but it has
not yet been analysed, so far as I know. It is extensively used in the man¬
ufacture of iron in several of the counties, and particularly in Bullitt countv
It is said to make iron of a superior quality. It occurs in layers in the slate
either as continuous strata, or in courses of round or oval nodules which van-
in size from an orange to a barrel in magnitude.

In the ravines and on the hill sides, where the slate is undergoing contin-
ual disintegration, and forming a clay which washes away almost as soon as
formed, the nodules of ore are found in abundance, and may be picked up in
large quantities. 1

Fine furnace locations were observed in several parts of the State, while
making the geological reconnoissance, wdiere abundant supplies of ore might
be easily obtained for long periods of time. Such deposits were observed
between Mount Vernon and Irvine; near the Blue Licks ; between Irvine
and the forks of the Kentucky; and between Owingsville and the narrows
of the Licking. The survey, if authorized by the Legislature, will doubt¬
less cause hundreds of valuable locations to be discovered and made known
to the public.

The remaining portion of the State is mostly occupied by limestone as a
substratum, and forms the richest and most productive agricultural region
of the State. This, also, may be properly termed a mineral region, although
its mineral resources are not yet understood or appreciated.

Besides the limestone, the different strata of which are adapted for lime,
hydraulic lime, building stones, or marbles, iron ore abounds in many pla¬
ces, and lead ore has been found in small quantities in numerous localities.

COAL FORMATIONS OF KENTUCKY.

1 he coal loimation, or those rocks that contain coal, cover an area which
may be calculated at 12000 square miles. Coal is not accessible over all this
<uea, neither aie the beds, in all places, thick enough, or of a suitable quality
lor workable coal.

.. : -.y

The general boundaries of the two coal formations in Kentucky have
been already described. These formations are composed of various rocks,
such as sandstones, conglomerate, shales, limestone, coal and iron ore.—
Sandstone forms by far the greater portion of the mass of rock in these coal
'formations, and it every where attracts the attention of the traveller, by the
wild romantic scenery to which it gives rise. This rock is almost the only one
calculated to attract the attention, as the others, when exposed, soon be¬
come covered with their crumbled up fragments arising from the disin¬
tegration of the rock.

The coal is of two, perhaps three distinct qualities, but all of them are
bituminous.

The varieties are,

1st. The common bituminous, or caking coal.

2d. A similar coal which does not cake and adhere in lumps when burn*
ing, but each piece keeps separate and distinct.

3d. Cannel coal.

All these coals burn well and give out much heat, but the two latter are
far more pleasant for domestic use, and do not emit that kind of smoke from
which flakes of soot, like lamp-black, are diffused through the air. These
coals are already worked extensively in Kentucky, and are daily getting in¬
to more common use for a great variety of purposes, such as for iron works,
steam mills, manufactories of various kinds, steamboats, and for domestic use.
The aggregate quantity consumed cannot be estimated correctly, but it is
supposed that from 400,000 to 800,000 bushels per annum are sent down
the Cumberland river to Nashville, to the Iron Works, and to the other
towns in Tennessee: that 200,000 bushels descend the Kentucky to Frank¬
fort, and other towns on the river, and perhaps 100,000 bushels descends
the Licking, and 30,000 the two Sandies.

The salt works and iron furnaces in the coal region consume a large quan¬
tity of coal, and it is probable that the coal consumed within the State, and
that sent down the Cumberland and Ohio, amounts to 3,000,000 bushels per
annum.

The use of coal for steamboats is increasing far more rapidly than for oth¬
er purposes, and for the following reasons :

1st. It makes a more uniformly hot fire, and is more easily regulated than
that of wood.

2d. Ten bushels of coal are equivalent, in effect, to a cord of wood; and
as coal may be averaged in price at 10 cents per bushel, and wood at $2 50
per cord, the economy in the use of coal is very great, viz: three fifths.

3d. The weight of equivalent quantities of coal and wood is as 1 to 3.

4th. The bulk of equivalent quantities of coal and wood is as 1 to 9.

5th. The labor and expense of putting equivalent quantities of coal and
wood on board steamboats are as 1 to 4.*

Thus we see there is an economy in the actual outlay of purchase and
shipment of the article, and also in the weight of, and space occupied by
the material.

Steamboats thatconsume twenty cords of woods perdiem,burn All) bush¬
els of coal.

* Triplett’s Circular.

[App. to S. J.]

3 'll it! I

■ *'

Hon. D. Trimble, in his reporton thecoal and iron trade of Kentucky, ma( j e
to the Legislature at its last session, estimates the amount that Kentucky
would furnish to steamboats, if all on the western waters used it, at 400,000
tons, which at 10 cents per bushel, and thirty bushels to the ton, would yieldan
annual income of $1,200,000. This estimate of the consumption of coal
for this purpose is conceived to be a low one, as the population and business
are rapidly increasing, so the means of transport must increase in a corres¬
ponding ratio.

The economy of coal over wood, as wood is r.apidly decreasing in quanti¬
ty, and rising in value, must necessarily cause its substitution as a means of
motive power for transport within a few years.

During the reconnoissance of the past season, I had occasion to examine
many of the coal mines which are now wrought in Kentucky. The system
generally pursued is a very defective one, and must eventually cause a great
expense to be incurred, or result in the abandonment of the mines.

Mines and beds of minerals are of public utility, and when exhausted
they cannot be renewed; hence it becomes a matter of moment, not only
to the proprietor, but to the people, the State, and the Nation, that they
should be wrought in such a manner as shall produce the greatest quantity
and best quality of the materials, with the least waste and expenditure of la¬
bor, time and money.

The course pursued in many of our mines, is to mine into the coal bed on
the side of a hill, where the coal is in a position nearly horizontal, and ex¬
cavate it until the roof falls in, or until the miner fears being crushed if he
continues his work. This is then abandoned, and a new opening made at
another point on the hill side. The hill sides are thus riddled with openings,
where the rock above, for want of adequate support, has fallen down, which
will make future mining both expensive and difficult. Such mines are al¬
ways more wet than they would be under other circumstances.

No mines in the world are capable of being more easily worked than
those in Kentucky. The strata of coal and iron ore are in a position nearly
horizontal, dipping just about enough to permit the water to flow off, if the
mine be opened on the right side of the hill. These materials are in such
abundance in the hills above water level, and on or near important lines of
water transport, that hundreds of years must elapse before it will be ne¬
cessary to mine deep into the earth by means of vertical shafts. This meth¬
od would cause a great expense for draining, like the mines of England,
France, Germany, &c.

The principal cause of the defective system of working the mines, is un¬
doubtedly due to the general fact, that they are worked by men of little or
no capital, and hence, it is necessary for them to extract the mineral with the
least possible present expense, regardless of the future good condition of the
mine. For the same reason, those who mine the coal send it down in boats
and depend upon a chance market. They thus sometimes make a handsome
profit, but frequently, do not obtain enough to defray the expense of mining,
transport and the boats.

This, like any other branch of business, in order to be conducted with the
greatest advantage, requires the investment of a considerable amount of
capital, in the various necessaries and conveniencies for mining operations,
for transport to a market, &c. Incorporated or joint stock companies, which
can command a large capital, and exercise an extensive sphere of influence,

259

must always have an important advantage over individual citizens, who can
only use his own smaller capital and personal influence.

Chance markets for the coal now sent from the mines, ought no longer to
be depended upon. There is always an unpleasant uncertainty, botli for the
producer and the consumer. Coal yards or depots should be established in
all our principal towns, where coal can be collected during the proper sea¬
son of the year, and thus give a certainty of supply to one party, and of
profitable' sale to the other. Another advantage would be gained, viz:
when the supply is certain, so as to meet all the wants of the community,
the consumption will rapidly increase.

RECONNOISSANCE IN THE COAI, DISTRICTS.

During the reconnoisance, coal was seen in many places where the people
scarcely know of its existence. I will mention some of the places observed
where coal occurs, some of which are worked, some are known to the in¬
habitants, and some have not before been known. _ ,

A coal mine at the level of the Ohio river is worked in the bed oi Clear
creek, near Henderson, and another in the bank of the Ohio river about 1
mile from Henderson. The bed is stated to be 3 feet thick, but was covered
by the high water of the Ohio at the time of my visit.*

Coal is found in many places on the route from Henderson to Owenboro’,
in the banks of the creeks, in the hills, and-in digging wells. Six miles from
Henderson a gentleman dug through coal in sinking a well. It is mined on
Lick creek near Green river.

The terraces in the hills, and which are so indicative of coal where it oc¬
curs in nearly horizontal strata, are easily traceable by the eye, and on ex¬
amining along the road where it crossed these terraces in the hills, distinct
indications of coal were observed. There can scarce be a doubt that all
this region, from Henderson to Green river, and Owenboro’, is underlain by
beds of coal, although much of it is probably below the water level of the
country, and would require drainage to work it. But as much of it lies so
convenient to water transport, it will well repay this expense, when the de¬
mand and price shall increase. From Green river, the road between Hen¬
derson and Owenboro’ leads along a natural ridge for several miles through
the wet lands. This ridge slopes off gradually to the south, but abruptly to
the north, with springs at its base. It resembles in many respects the natu¬
ral terraces of the coal banks. It continues several miles to the N. E. of
Owensboro’, and several fine private residences are erected on it, as Mr.
Triplett’s, Judge Bibb’s, and others. At Bonharbor, 3 miles N. W. of Ow¬
enboro’, J and 1 mile from the river, are several openings where coal has
been dug in considerable quantities. The bed of coal is 30 oi moie feet
above high water mark of the Ohio, and is stated to be 4 to o feet thick and
covered by limestone 4 feet thick. This limestone bears some lesemblance to
that from which hydraulic cement is made in some parts of the country. I saw
the coal and limestone at the mouth ot the mine, but could not see either,
in place, as the earth had caved in, and covered both the coal and limestone

*1 may here be permitted to express my obligations to Edmund II. Hopkins, Esq. of Henderson,
who gave me much valuable information upon tne coal of this part of the State.

260

beds. The coal bed forms a bench or terrace in the hills which is easily
traced by a practised eye. The strata dip slightly to the N. W. Sandstone
overlies the limestone in a bed 14 feet thick. Shale, one inch in thickness,
intervenes between the limestone and coal, and shale forms the floor of the
coal.*

Coal is found in the bed of the Ohio river about 1 mile above the mines.
It is supposed by those who have endeavored to trace out the extent of this
coal bed, that it underlies about 3000 acres of land. I should not be sur-
prised if coal should be found every where around Owenboro’, at some depth
below the soil, by boring, as it is a part of the great coal formation of the
Green river and Wabash vallies; but should this be the case, they could
be of little present value, so long as they would require draining, while
such an abundance can be procured from the Bonharbor hills without
this expense.

Coal has been found in small quantities at Rumsey, at lock and dam No.
2 on Green river. It is not improbable that beds of greater or less thick¬
ness underlie the whole country between Owenboro’ and Rumsey, but the
country is so flat and marshy, that it could not be explored with advantage,
if it lies below r water level. A seam of coal of S inches was found at the
falls in digging the foundation of the lock.y

Everlie’s coal bed is ten miles southeast of Rumsey. The coal is three
feet ten inches thick, overlaid by thick bedded sandstone. The coal is more
or less mingled with pyrites; but that which I saw, w'ould not be injured
for ordinary uses by the quantity of this mineral contained in it. There are
some appearances indicative of a coal bed above, and of another below, in
the same hill, but no opening has been made to ascertain w'hether there are
coal beds of workable thickness. The mine, at this place, is 70 or SO feet
above low' water of Green river, and about 400 yards from its banks.

Coal w'as again observed about five miles south of Everlie’s bed, about
30 feet above the river, at the base of a cliff of sandstone, which is exten¬
sively quarried for the locks and dams below'. The quarry and underlying
coal are on the immediate banks of the river. The coal is three feet thick,
and contains pyrites. Passing thence up the river valley, the hills have the
aspect of coal and iron ore deposits. Traces of iron ore were observed in
many places.

On Pond ceek, at Vaught’s Mills, two beds of coal are opened. The lower
coal is near the level of the creek. It is 4i feet thick, overlaid by shale.
The shale, about 12 to 20 feet above the coal, is filled with layers and no¬
dules of iron stone. Sandstone overlies the shale, and continues some dis¬
tance up the hill. At about 70 feet above the lower coal is another seam
of coal six feet thick. It contains some shale, and is covered by a bed of
shale, and this latter is overlaid by a thin bed of limestone. Nodules of iron
ore, some of which contain blende, occur in the earth arising from the de¬
composition of the shale, about 15 or 20 feet above the coal.

*This coal tract is owned by Robert Triplett, Esq., and must undoubtedly soon be extensively
worked, to furnish coal for steam boats, and for the southern market where large quantities are used
in sugar boiling.

fl am under many obligations to Mr. Livermore, the Engineer of the Green river navigation, to
Maj, Dyer and Dr, Johnson, of Rumsey, for much local information and many kindnesses.

situated live miles southeast of Greenville.

vith the intention of smelting with
the vicinity, and of ore also. One of
o-illaceous and calcareous carbonate of iron, as I
„..|Tect, (for I have not analyzed it.) This ore bed is
ide has another heavy ore bed of the oolitic and earthy
oxide of iron, or limonite, filled with fossil shells. The hills all
nnd Greenville contain indications of iron ore, but no minute explorations
' been made to determine the extent or thickness of the beds
At one of the coal banks, about three quarters of a mile S. W. of Buck-
1P ? S furnace, and near the slaty ore bank, is a distinct fault of about five feet.
ffiL 1 are here two distinct beds of coal; the upper, about sixteen inches,
iml the lower, about thirty inches thick, separated about ioui feet. 1 heie is
note apparent derangement in the stratification of the rocks in this vicinity,

than I have seen in any other part of Kentucky. .

A coal bed, three feet thick, is in the bottom of Mr. Baker s well, thirteen
miles S. E. of Greenville. The country between these places is lully, with
frequent traces of coal and iron ore. This is near the southern limit o the
Green river coal field. The limestone is only three or four miles south of
niker’s • and no coal is found, south of the edge of the limestone, nearer
than Alabama. Buckner’s Furnace is. also near the southern boundary ot
the coal field. He has exchanged coal for corn, bushel ioi bushel, the lo
merbeintr carried south, into the limestone region, for blacksmiths uses. Mr.
Baker lives on Jacob’s branch of Clifty creek. The sands one of the coal
measures shows itself in many places in the valhes of both these streams.

Another point on the S. boundary-of the coal field of Green river is near
Muddv river, on the road from Greenfield to Bowlinggreen.

Coal may perhaps be found in the caps of some of the high hills near W ag-
goners, where the turnpike from Louisville to Bowlinggreen crosses Green
river. It is not to be expected however, where there is not a thickness of
100 feet of sandstone above the limestone. • r

Somerset, in Pulaski county, is a few miles W . ot the western margin o
the upper Ohio coal field, and which occupies the eastern part ot Kentucky.
It is not impossible, however, that there may be coal in the caps of the high¬
est hilh within two miles of Somerset. The limestone every where undei-
lies the coal formation in Kentucky in both the coal basins, but it changes
in character on the north, and in Ohio becomes a fine grained sandstone. A
fine section of these rocks is exposed on the banks of the Cumberland, on the
road fiom Somerset to the South Fork. The hills along the South Fork of

the Cumberland contain coal, and all the rocks ot this 11 the

observed superposed over the cavernous limestone, which contains all tlie
great cav’es of Kentucky ; and which, in Kentucky, Ilhnois Missoun and
Arkansas serves, (as I know from personal observation,, as a llooi loi

C °John Beatty] Esq. who lives at the mouth of the Great South Fork, and
to whom I am under many obligations, has opened a smah seam of co^a
2 miles S. from his house, in the hills. It is believed that there are beds n
these hills of a workable thickness. The same teiTaces oCcui here in
hills as in the coal deposits that have before been described. Coal is w orkec
on the South Fork of the Cumberland. A. Snyder, Esq. engineer, has thu

Buckner’s Iron Works are
it. ]3. has erected a large blast furnace w
coke. He has an abundance of coal m t.:_
his main beds is a slaty ar
should judge from
fifteen feet thick.
hydrated per
arou.
have

described the worked coal and the associated rocks, in the engineer report
of 1837, p. 119, 120:

“Coal is found in great abundance, and is first mined about sixteen and
half miles above the month of the river, where the vein is said to be about
three feet thick ; it is hauled half a mile to the boat landing.

“Immediately before the mouth of the little South Fork, twenty five and
a half miles above the mouth of the great Soulli Fork, a vein, varying from
three feet eight inches to four feet six inches in thickness, has been worked
for several years. And at about half a'mile above the Little Jumps a vein
has also been opened, from 'which several boat loads have been taken.

“Thence to the crossing of the proposed road from Louisville to Kiiox-
ville, veins of coal of various thickness may be found; the only one examin.
ed was two and a half feet thick.

“It is said that a vein, four feet thick, lias been found on Bear creek
which enters the river immediately above the crossing.

“The coal appears to be good, and burns freely in a grate, but is accom¬
panied by sulpiiuret of iron.

“The formation of the rocks is regular, the strata having a dip which is
very nearly the same throughout.

“Bituminous shale is found at the surface of low water, at the mouth of
the river, overlaid by limestone, in thin layers, of a light color, with nodules
of black flint adhering to the surface of those rocks which are exposed to the
action of the water. At three and a half miles up the stream, a vertical
cliff of limestone rises three hundred feet above the water, and at fifteen
miles, the cliff appeared about two hundred feet high, having some fragments
of oolite limestone at its base ; at trventy miles the height was not more
than seventy feet—it was composed of thin layers, chiefly oolitic; and at
twenty three miles the bank, at the edge of the water, was covered by thin
fragments of sandstone, and large masses of conglomerate. From thence
to the thirty fifth mile, where the limestone was last seen, in a cliff of onlj
about twenty feet high, it is more or less hidden by fragments of fine sand¬
stone, and sandstone conglomerate; the hills having gradually increased in
height, with cliffs composed of thick beds of conglomerate on top, and
thence, to the crossing of the proposed road, the rocks did not form cliffs
sufficiently abrupt to afford an opportunity of tracing them out. Three sep-
erate strata or veins of coal are found among these beds of sandstone. The
upper one is said to be eighteen inches in thickness, at a distance of about
eighteen feet above the second, which is from three feet ten inches to four
feet six inches in thickness; the third is about sixty feet below the second,
and is only six inches thick.

“The only article of trade is coal—two boat loads, of about two thousand
bushels each, have been sent from the lower coal bank; and from the second
about sixty thousand bushels have been sent, and twenty thousand more
were ready to be sent down the river. Coal has also been sent from the
mine above theLittle Jumps, but the expense of hauling past them, to the
landing, has caused it to be abandoned.”

Mr. Snyder has, also, made many observations and measurements along
the Cumberland and the Rockcastle, in the coal region, that are deemed of
much importance, not only in statistical details, but in affording important
data for the geological investigations that may hereafter be made. Thefol
lowing extracts from Mr. Snyder’s reports, are quoted from the Engineer re
port of 1837, pages 114, 116. and 105, 106:

263

Port

tula

bout

and

’rom

l'ked

vein

h of
lilies
a the
•tical
fteen
lents
nore
d at
thin
ence
only
and-
d in
and
cliffs
sep-
Thc
bout
four
ond,

sand
:ond
nore
1 the
i the

long
:d of
tant
5 fol-
r re-

(l , n re appears to be abundance of coal, at different points between the
,,, j t he mouth of Buck creek, a stream which falls into the Cumberland
i nut seven miles above the Great Shoals. There are only three points at
aU .°i h it has been mined, the highest is about half mile above the mouth of
t ,-el where there are said to be four veins; one in the bed ol the river;

the’rtwenty feet above the water, and about two feet thick; a third about
a . n .°tv pve feet above the water—forty inches thick ; and a fourth, said to be
'■"tv or eighty feet above the river, being four feet thick.

‘‘The third vein is that from which two boat loads have been mined, and
r- m which they were obtaining coal at the time the survey was made-
The second mine is a little more than a mile below the mouth of Laurel, on
the left bank of the river, being on the same side, and apparently the same
“ in w hi -h is worked above. Jt is about thirty five feet above the water,
and is forty inches thick. Two boatloads have, also, been sent liom this

1,1 “From this point to the commencement of the principal mines, about
eighteen miles below the mouth of Laurel, it does not appear that any coal
has ever been mined for market, but in a distance of one and a half miles
farther down the river, many mines have been opened; some ot which are
beingworked at present, and others have been abandoned.

“Thereare said to be three veins oi coal; the highest is from lour feet to
four feet ten inches in thickness, and is about three hundred feet above the
level of the river; the second vein is about twenty leet lower than the hist,
and is one foot six inches in thickness. Coal has been obtained iiom each

of these veins, but the upper one is that from which the coal sent to market

“The principal mines are opened on the right side of the river, at the dis¬
tance of about one and a quarter miles from it, so that the coal must be
hauled that distance to be put on board the boats. The large vein has, also,
been opened on the left bank of the river, at the distance of ten or twelve
hundred feet from it. A small railway has been laid down from the mouth
of the mine to the top of the cliff, from whence the coal is sent down to-
the landing by means of a self-acting inclined plane.

“It is said that in 1S27, the first coal was taken from these veins to be
sent to market, and that in 1S28 only five boat loads arrived at Nashville
In 1829 the first drift, or under ground working, was commenced—ail coal
previously obtained having been cut from the crop or edge of the vein, where
it comes out to the surface of the ground. From 1S29 until 1834, pioba-
bly from twenty five to thirty five boat loads, per annum, averaging seven¬
teen hundred and fifty bushels each, have been sent from the landing; and
from 1834 until 1S37, from seventy five to one hundred boat loads, pel an¬
num, averaging three thousand five hundred bushels each, had been sent

down the river. , . x „ .,

“Sixty thousand bushels had been shipped previous to the time when the
survey was made, and thirty five boats were then loaded and ready for a

“It was found, by leveling up to the tide marks, that a rise of sixteen
feet and eight tenths was required, at the coal landing, to enable boats,
drawing four feet of water, to pass the Great Shoals with safety; boats oi a
lighter draft are sometimes sent when the water is only twelve feet above
low water mark.

titbf

■

ii ■

ill:

V'fiu

264

“1 was informed that the cost of mining and delivering coal, at the mouth
of the mine, is two and a half cents per bushel; hauling to the landing fj Ve
and a half cents per bushel; loading, one half of a cent, and baling the boat
one half of a cent per bushel: making a total cost of nine cents per bushe
in the boat. An average boat carries thirty live hundred bushels; it costs
one hundred and forty dollars, and sells for thirty five dollars. The cost of
transportation is one hundred and twenty dollars.

3,500 bushels of coal, at 9 cents, 315
1 boat, .... 140

Pay of hands and expenses, - 120

Total cost bt Nashville, $575

3,500 bushels of coal, at 23 cts. 805
1 boat; - - 35

Value at Nashville, - $840

Leaving a net profit of two hundred and sixty five dollars—from which
must be deducted a proper per centage for risk.

“If the information received is correct , the present produce of the mines
is three hundred and fifty thousand bushels per annum, equal to eleven thou¬
sand six hundred and sixty six tons; and the whole amount sent from the
mines since 182S, one million one hundred and forty five thousand bushels,
equalling thirty eight thousand one hundred arid sixty six tons.

“Iron will, no doubt, become a considerable article of transportation at
some future time, as there are abundant indications of the presence of ore
at various points along the river.

“The products of agriculture, above the Great Shoals, are very limited in
their amount. About one hundred corn boats, carrying four hundred bar¬
rels each, and from twenty to twenty five tobacco boats, carrying sixty
hogsheads, weighing 1500 lbs. each, are said to be sent annually from the
lower part of the river.

“The formation of the rocks is very regular throughout, commencing at
the falls with a sandstone, and sandstone conglomerate, in thick beds, with
white quartz pebbles, which are more numerous in the upper than in the
lower strata. The cliffs rise to a height of four and five hundred feet above
the water, and the strata have an inclination in the direction of the stream
of a half a degree or more. Near the mouth of Laurel the' coal veins be¬
fore described are found in the face of the cliffs, and two miles below, the
limestone rock first makes its appearance level with the surface of the water.
From thence it gradually rises, and forms cliffs at various points through¬
out the whole distance to the Tennessee line.

1 "t“At four miles below the mouth of Laurel, the upper stratum appeared to
be eight feet above the water—it was crystaline, and about two and a half
feet thick. At six miles below the mouth of Laurel, it forms a cliff rather
shelly, and about ten feet high, the strata being very nearly horizontal. At
eight miles it is twenty feet above the water; and sixteen miles the beds of
limestone are blue, having petrifactions of shells and plants, together with
small nodules of black flint. At the Great Shoals, the cliffs are three and
four hundred feet high containing flint petrifactions. These cliffs extend
throughout the length of the shoals and to the mouth of the Great South
Fork, where a stratum of bituminous shale appears at the surface of the wa¬
ter. Eight miles further down, this bed of shale rises three feet above the
surface, and at twelve miles, it is forty feet high. At sixteen and a half
miles, a bed of limestone appears at the surface of the water, very full of

)

of shelly limestone—total 320 feet. Thence to the 1 ennessee line, the chtls
are from two hundred and fifty to three hundred feet high, with numerous
shells and other organic remains. Sandstone and shale are not found ex¬
cept at a distance from the river.”

On Goose creek, coal is said to abound, and to be dug in many places for
the salt works, and for domestic use. The necessity of meeting an appoint¬
ment on a fixed day, at Irvine, prevented my visiting the coal deposits and
salt works of the Cumberland and of Goose creek.

The road from Somerset to Mt. Vernon, passes near the west limit of the
coal formation. Most of the rock is the limestone, which is the floor of the
coal formation; but sandstone is observed in passing over many ol the knobs,
and iron ore occurs in many places on this route. It is not ascertained
whether it occurs in workable quantities. A thin bed of coal occurs in the
hills at Mt. Vernon. Its situation is believed to be similar to that of a thin
bed that is very common through the country between tins place and Irvine,
above the cavernous limestone, or below the conglomerate rock.

At Irvine,on the Kentucky river, the cavernous limestone occurs in the high
hills, and the highest are capped by sandstone and conglomerate. It is proba¬
ble that the thin coal bed, above referred to, may exist between the sand¬
stone and the limestone, but it is scarcely probable that it will e\ er be work¬
ed,so long as the beds on the bank of the river, near the forks, aie pioducti\ c.
Irvine may be considered as the extreme westerly boundary of the coal for¬
mation, and coal cannot be expected in any quantity there. Slate, with its
imbedded hydraulic limestone and iron ores, forms the mass of the hills from
the river to an elevation of 200 or 300 feet.

As the strata of rock dip slightly to the E. S. E. in ascending the Kentuc¬
ky river, from Irvine to the Forks, we pass, in succession, over the rocks
that overlie each other, and which are seen in the hills at Irvine. At about
12 or 14 miles above Irvine, we have passed over the slate rock which has
plunged below the bed ot the river, although at Irvine it formed the mass
of the hills for 200 to 400 feet high. Limestone then succeeds in high cliffs
along the banks, but this in its turn, also, sinks below the stream after as¬
cending to the rock shoals, about 3 miles below the mouth of the South Fork/
and disappears from the banks of the Kentucky and its tributaiies.

The limestone is succeeded by high bluffs of sandstone and conglomerate,
which also sink below the stream as you continue to ascend. The rock pas¬
ses along the limestone bluff" for a mile or two on the shell or terrace at the

junction of the limestone with the sandstone, and finally the second bluff oi

shelf of sandstone succeeds, which is 70 to 100 feet thick,
came on to the coal measures, although
all the characters of form, s( ,
the coal measures, w
al traces of black ear

cient evidence to satisfy any practised eye.

Here we evidently
j, although no coal was seen. The hills have
mil, sandstone, slate and decomposed shale of
ith frequent indications of iron ore, and wi’h occavipn-
th from the disintegration of coal. Tnesc oiler suffi-

mouth of Sturgeon creek, a fine coal bank has been opened. Mr. Welch tha
Chief Engineer of the State has examined it. Coal mines are opened along
the Kentucky river near the mouth of the South Fork in great numbers,
and in the banks of the small streams which enter the river on the right
bank. The coal is from 3£ to 4i feet thick and is of good quality. Too little
care is taken to pick out the pyritons coal, some of which is found among
that of good quality, and which when sent to market, may injure the repu¬
tation and market price of the coal. The strata dip slightly to the E. S. E.
but they are moderately undulating. Some of the mines drain themselves by
the natural slope of the rock; others require a drain, or pumping or bailing
to keep them dry, even in the same face of the hill, and where the adits are
parallel to each other. Some of the mines, in what seems to be the same bed
of coal, have a slate roof, and others one of solid sandstone. These mines are
situated in the hills near the river, and about SO or 90 feet above it. It is be¬
lieved that at least two beds of coal are found in these hills. Coal is found in
all the river hills from the mouth of the South Fork for a long distance up the
stream.—Few of these mines have been carried more' than 60 to 80 feet
into the hills.

Passing from Mr. Maguire’s, near the Middle Fork, over the hills to the
mouth of Troublesome creek, the sandstones and slates of the coal measures
were every where observed. Numerous ihin seams of coal were seen from
6 to 30 inches in thickness in the banks of the water courses, and in the
hills of the river valley. There is some good land for tillage along the water
courses, but the valleys are generally very narrow, and appear to have been
formed by the erosive action of flowing water, since the layers of rock on
the opposite sides of the vallies are at about the same elevation, and their
planes coincident, as though they had been once continuous, but since worn
through and washed away by the flowing water. The country is but thinly
settled, as there is little land adapted to tillage, and it is considered impassa¬
ble for wagons. Bridle paths are the only roads, and there is no means of
transporting any of the produce of the country to a market, except by flat
boats at high water, or on pack hoses.

Coal was seen in the valley of Caney creek, and in the fork of the creek
between Col. Haddock’s and the mouth of Troublesome, but the beds, where
exposed, were thin.

The mines of cannel coal are on the left bank of the North Fork of the
Kentucky, nearly opposite the. mouth of Troublesome creek. Those most
extensively worked belong to Mr. Haddock. They are situated in the river
hills, about 273 feet above low water of the river.* Openings have been made
along the hill, at short intervals, for some hundred yards, but the people have
not traced it. in the adjoining hills, although it undoubtedly exists in them,
in the direction of the continuation of the stratum. The coal bed is 4 to 4!
feet thick. The upper part of the bed is common bituminous coal, from ID
to 16 inches thick, and breaking into cubic or rectangular fragments. This
bituminous coal does not cake in burning. The cannel coal forms a thick¬
ness of about three feet. It is very similar, in its mineralogical characters,
to that of England and Ohio. It kindles very easily, even with a candle, as
I have been told; burns very freely, with a brilliant white blaze, and with-

* Vide Mr. Foster's Engineer Report, 1838, page 73.

267

n1 emittina the black, sooty, and flaky smoke, like that which is given off
hv the coal of Pittsburg, Wheeling, and Brownsville. This cannel coal is
2 rv highly esteemed lor domestic use, and very justly so. It makes a very
Brilliant'and clear fire, with little smoke or dust, and is particularly adapted
for narlour fires. 1 saw no sulphur in any of this coal. It is said to be iound,
however, in the mine, in lumps at the bottom of the bed of coal, but it is not

disseminated, and is easily separated. ,

This cannel coal is mined with difficulty, on account of its hardness, and
its breaking equally well in every direction. There are seams in this coal
which divide it into blocks of several hundred pounds weight, but the
miners cannot easily get them loose. It costs more to mine this coal than
the common coal, and it ought to command a higher price m the market
A coal bed, about 1 to H feet thick, occurs in the bed of the Kentucky
river near Mr. Haddock’s house. It is the common bituminous coal. It
dins slightly, and disappears beneath the waters of Troublesome creek. Coal
was observed in the valley of Frozen creek, but the seams are thm. Indications
of coal were frequently seen in passing from Frozen creek to Hazlegreen,
but the country is almost entirely in a state oi nature, and impassable, ex-

cent on foot or on horseback. . . , ,

Coal is stated to be abundant near Hazlegreen, in all the lulls. Thin beds
of this combustible were seen in the beds of the creeks, but these were too
thin to mine with advantage, except when they are laid bare on the sti earns,
or require but little stripping. Much coal has been loaded into boats, and
sent down the Licking, which was taken from the bed of the river, at low
water, a little below West Liberty ; and several places were seen, and oth
ers were mentioned to me, where the same has been done in the beds of the
North and Middle Forks of the Kentucky. Ihe expense of mining the coal
in this way is very trifling. It is merely prying up so much rock, which is
easilv effected. At another place, near West. Liberty, coal undeilies the
alluvial bottom a few feet, and a small expense of stripping, uncovers the
coal; and each boat, for its load, removes an area ot coal from the bed
equal to its own area. Each boat carries about 3,000 bushels.

\ coal bed was observed in the bank of the Elk Fork, three or four miles
from West Liberty. It was about 1 to H feet thick. ,

“Iron ore is first found in the vicinity of the river, at Rmgo s Mill, 140
miles above its mouth. Ore beds of about four feet in thickness occur in the
hills on the left bank, and extensive beds are found in the hills on the oppo-

S1 The Iron'district, on Slate creek, was accurately described.in the report
of the Chief Engineer, last year, as also beds of it in the vicinity ot Bear

C1 '«Mv own examinations have led me to believe that the iron ore which
occurs near the river from Cane creek to Beaver creek, at distances
between ISO and 193 miles from the mouth of the river, is more abund¬
ant and of as good a quality as in any other pait of the State. T

r i • *“• c fVrvm tr» fifteen feet thick. 11001 the basis 01 the

ore is iound in veins ot irom five to mieen uuu ,

hills, and in beds of from three to ten feet thick neai their summits, anc

. , 1 .1 c+va+nm of limestone which has been above desciibed.

is found overlaying the stratum ot limestone wmu W t

“Iron ore is also found in most ot the hills between S ate creek and West
Liberty, and near McClure’s mill, the beds aie \eiy ex en.ive.

268

“The coal district on the upper part of the river was accurately described
in the report of the Chief Engineer above referred to.

“My own examinations have led to the discovery of a number of veins
which were not known to exist last year, but as yet none have been found
of greater thickness than three feet two inches. One mile above the mouth
of Blackwater, three veins have been discovered, overlaying the stratum of
limestone which passes under the bed ot the river at this place. The lowest
one is 30 inches thick, and is separated from the limestone by strata of clay-
colored slate of about fifteen feet in thickness. The next vein is eighteen
inches thick, and is found in a plane about twenty feet high. The third vein
is found about ten feet higher up the hill. The two latter veins are separa¬
ted by strata of sandstone and shale. From Blackwater to West Liberty, veins
of coal are found at almost every point where the mountain stream has
washed the earth from its bed, and uncovered the rocks which compose
the hills. Two miles above Blackwater, three veins occur in the same rel¬
ative position as those last described; the lower one being three feet "thick.
One vein three feet thick is found opposite the mouth of Greasy creek, and
in the vicinity of West Liberty two veins occur, which are three feet two
inches thick. Thinner veins occur all over the country.”* On the State
road from Owingsville to the mouth of Big Sandy, the coal formation is ob¬
served to commence not far from the crossing of Tygart’s creek. The iron
ores at the base of this formation, were observed in the greatest abundance
in the hill tops of the first divide of the western waters of Tygart’s creek.
Coal was seen cropping out on the road side about two miles from the cross
roads, near Carter C. II., near a Mr. Carter’s house. Coal in thin beds
abounds in the vicinty of Carter C. LI., and it is supposed that thick beds
may be found by exploration. One seam of coal 3 feet thick, and of ex¬
cellent quality, is worked near Carter’s Salt works.f A coal bed is worked
near Hon. David Trimble’s, on Little Sandy, for the supply of the Argillite
Furnace.J It consists of two seams of 18 and 24 inches, separated by 10
inches of slate; they are worked as one bed.

Of the coal of Greenup county, Mr. Eastin, of the State Engineers, re¬
marks: “ There is at all the furnaces, except Raccoon,|| owned by D. Trimble
& Co., mines of stone coal; they lie below the iron and in the same ridges;
the coal is highly bituminous, of second quality, but burns well, and is in
large quantities; the engines at the furnace are driven with it, and it is used
for all the purposes of the manufacture of iron except smelting. The coal
beds vary in thickness from 2 feet to 3 feet 10 inches, and in all instances the
drift or entrance to the coal has a declination of one foot in about 30. The
strata above the coal is sand or slatestone, and under it slate and blue clay;
the colliers can dig about 70 bushels per day each, and deliver it at the en¬
trance of the drift. Its average cost per bushel, delivered at the engines,
is from 3 to 7 cents.”

The details here mentioned are brought forward to show merely, that if
a casual glance, by rapidly traversing through the country, can exhibit
such an abundance of coal deposits, we may expect much more to come to
light by a careful examination.

* Vide Report of Mr. Buford, one of the State Engineers, page 95, 1137. fldem, page 100.
J Idem, page 99.

H Mr. Trimble has lately opened a fine cqal bed near the Roccoon Furnace.

/ § ■

IRON ORE:?.

t I nve already had occasion lo remark upon some of the iron ores of Ken-
Vv Ti iey a re found in four different geological positions in the State.

The most recent is bog ore; it occurs in marshy grounds, and near nun-
{‘rim*, which are more or less charged with iron. The waters of
heL springs deposit it as they lose the power of holding it in solution, ei-
wbv evaporation, or by the extrication of carbonic acid.

This ore is not so common or abundant as the others.

The next in order, is the ore of the coal formation. It is in some places,
iron stone, or carbonate of iron, in layers, or else in courses of nodules,

! thi shales and fine sandstones of the coal measures; m others, it is limo-
L or hydrated peroxide of iron, in composition. The latter ore is very
Pensively used in the furnaces in Greenup county, where it is exceeding¬
ly abundant. It is known by the names of block ore, and kidney oie, ac-
Lding to its form. When it forms strata, it breaks out in rectangular
asses or blocks, and when in courses of nodules, it comes from the ore bed
n round lumps, from a pound to 100 pounds iii weight.

Limonite, also, forms extensive beds in connection with the limestone at
he base of the coal measures, which overlie the slate rock of Kentucky.

Tt is extensively worked for furnaces. .

f The ore of the slate formation has been already described as a calcareous

lav iron stone, or a carbonate of iron and lime. f .

There are, also, many beds of limonite, or hydrated peioxn e o non, a ,
r near the function of the slate with the subjacent limestone.

All the iron ores in the various geological positions above named, a
orhed for furnaces in some one or more localities, in different parts of the
late. Iron ore is not confined to the coal district of Kentucky, but is dif-
used more or less abundantly in every section of the C ommonwealth.

In the coal regions of eastern and western Kentucky it abounds, and can
Lever be exhausted. It is supposed, from the observations already made,
hat on 12 000 square miles, there may be an average depth of one yaid of
mutate coal formation alone tvitl.on. counting *> date trnd too-
stone regions, tvhere there is probably as much more. “ “b‘c >ard of
this ore will yield, on an average, one ton of bar iron, oi oOOO tons to the

* A fine example of this may be seen at the ore bed, near the Slate Furnace about four mr,e,
rota Owmgsville. The ore, at the first glance, presents an appearance resembhng o «
cater,ed gratification; but, on close examination, it is found to be owmg to the Co,.■ -M e , on
fa great number of huge geodes, with concentric irregular layers, each havmg a cav ty he
entre. In many parts of the ore bed, the ore is a perfect ferruginous ool.te, composed °"' J'
rrgate of small, spherical grains, of the sire of mustard seed, cemented by a mams o the sam
composition. Tb. ore is limonite, or a hydrated peroxide of iron n. chem.cal compo , ton. Its
junction with the subjacent limestone was not seen. It has been worked around the edge o the
well of ground of which it forms a cap, to .he depth of 12 m 15 feet, wrthont reach,ng the bottom
and many suppose it to be 30 feet thick. Estimating its thickness at 15 feet, every acre of th bed
Will yield at least 25,000 tons of bar iron. The area underlaid by this ore bed was not as^er rnned
but it is estimated that at least 20 or 30 acres exist there, and if we take the surroundmg h.Os into

account, which probably contain the same bed, there may be several hunclre acres.

baa been worked since the first settlement of Kentucky.

L'ifiwt'l .

acre, or 3,209,000 tons to the square mile, or 38,400,000,000 tons on t| K
12,000 square miles, a quantity sufficient to supply a ton of iron, annually
to every individual in the United States, (estimating our population ai
15,000,000 of people,) for 2,500 years.

Our ores too, instead of being accumulated in one mountain mass, ]j| ie
those of Missouri and Sweden, where but few furnaces can be supplied with
the combustible necessary for their reduction, arc spread over a great area of
country, where the fuel, the water power, and every facility for manufac.
ture, exists.

In the part of the State, on which the calculation is based, when the pop.
ulation shall become too dense to permit charcoal to be the reducing agent
bituminous coal, of the best quality, may be substituted and dug on the
spot; it may be used without coking, as it does not cake and run together
in masses which might clog the furnace, but each piece keeps separate, and
forms porous lumps of beautiful coke. The coking takes place at the trun¬
dle head of the furnace, and the hbat'arising from the burning bitumen may
be economized in heating a large air chamber, through which the tabes for
the hot blast may pass. This method, in part, is already practised in thehij
furnaces, in the highlands of New York, where much wood is thrown in
with the charcoal of the charge, and its blaze serves to increase the high
temperature of the hot blast.

Charcoal-made iron, is better than that made with coke; but the period
is believed to be not far distantwhen the coal formations of the valley of the
Ohio, like that of South Wales, shall be illuminated by their iron furnaces,
and that they will be the great workshops of our country.

The counties of Greenup', Lawrence and Scioto, bordering on the Ohio
at the western outcrop of one of these formations, already show the fires of
more than 20 furnaces, and these are considered only as the beginning of
the iron business, in even this limited area.*

LOCALITIES OF IRON ORE.

Iron ore is said to abound in the hills on Rough creek. Maj. Dyer of
Rumsev, who gave me this information, showed me a piece of lead ore (ga¬
lena) from the same hills. A vein of this ore is said to occur there.

Traces of iron ore were observed in the hills between Lewisburg and
Rumsey, and important beds may probably be found by a careful examina¬
tion; also, near Lewisburg; also in connection with the coal beds at Vaught’s
mills on Pond creek. The lower ore bed consists of a bed of shale, with

* Hon. David Trimble made an able report to the last Legislature on the coal and iron interest*
of Kentucky, and to that gentleman I am under obligations formally interesting and important facts
observed in the N. E. part of the State. 1 may here be allowed, also, to express, publicly, my
sincere thanks to Sylvester Welch, Esq., chief engineer of Kentucky, for the aid he afforded me in the
prosecution of my labors. He has not only been a close observer, personally, of the mineral re*
sources of Kentucky, but has also given instruction to the corps of engineers of the State to make
particular notes of the mineral products of the lines of surveys of streams, roads, &c. with meas¬
urements of the thickness, &c. of the different rock formations, and these are entered on the map*
plotted in the Engineer’s'office. They will afford important aid in prosecuting the geological sup
vey, should the Legislature authorize it.

1 les and thin strata of iron stone imbeded. It is exposed on the road
n . 01 ' 1 ' bout 20 feet above the lower coal mine. Ore was also observed in tho
I. omposed shale above the coal mine above. It did not seem to be sufficient
| CC antitv to justify exploration. This ore was mostly limonite, and some
tr the masses contained some blende.

° Iron oie abounds in the hills 5 miles S. E. of Greenville, near Buckner’s
I. 1 Works, in Muhlenberg county. Some of the beds are very thick, and,
Irioubtedly, they are extensive. 'One of Mr. Buckner’s ore beds is 15 feet
); a . I jyj r . B. has another heavy ore bed, the ore of which..is oolitic, and
■lied with fossil shells. The latter bed I did not see, although I saw speci¬
mens of the ore, which is limonite, and appears like an easy working ore.
Indications of iron ore were seen in the hills about Greenville, and on the
| 0 ad from that place to Glasgow, in many places.. , , .

I Aj.giijo calcareous carbonate of iron, or clay iron stone, abounds in the
slate hills east and north of New' Haven in Nelson county. It occurs m
tl|ls nodules, and layers, in the slate, and this rock is here mterstratihed
Bviththe limestone. Where the slate formed the caps of the hills, and has de-
composed into clay, the balls and nodules of ore lie upon the surface, or in
■he soil, varying from a few pounds to a ton in weight. '1 hey are also he-
ciuently found in great numbers in the ravines, where the water has washed
ard crumbled aw : ay the slate leaving them unchanged. They are heavy,

I ay in the inside on a fresh fracture, and brownish on the outside. I his
e is extensively used for making iron in the Nelson Furnace.

About2 or 2A miles from New Haven, on the grade of the new' turnpike,
e ore w\as seen iu its natural position in the slate rock, which w as partially
composed, and the noclules already beginning to tumble out. The lulls
id been cut down to form the grade only a year or two, yet the rock was
a state of rapid disintegration, and crumbling to pieces to form a clay.■
Iron ore in small quantity was seen 13 miles from Bardstown, on the turn-

ke towards Louisville. , ,

Near Frankfort, on the hills, small nodules of iron ore wrnre observed, but
lere are no apparent indications of its existing iu such quantities as to be

: any importance. _ ... ,

I About one and a half miles from Standford, on the road to Danville, huge

t msses of iron ore, like bog ore, were observed by the road side. I hey
ad been dug up in excavating for the grade of the turnpike. It was not
efovtalnpd whether it existed in lanre quantities. At a salt lick about Is

iii»

't Lilli

Indications of iron ore were seen about three miles from Somerset, on tha
road to Standford.

A layer of brown oxide of iron, (limonite,) analogous to the more com.
pact varieties of hematite, of about one foot, thick, was seen about I or It
miles from Stigall’s ferry, on the road from Somerset toMonticello. It is in
Wayne county.

In the hills,' bordering the South Fork of the Cumberland, indications of
iron ore were seen. The ore wasot line quality, and easy to smelt, but the
quantity could not be ascertained without minute explorations. Mr. Sny-
cler, the .Engineer, who made the survey ot the South Fork ol the Cumber¬
land, in eighteen hundred and thirty seven, found small quantities of ore in
many places. He was told that extensive beds had been discovered about
ejtrht miles above the mouth of this stream. Should these beds be as¬
certained to be extensive and ol good quality, as well as those indications
which I observed in that vicinity, they would be valuable, as there is every
facility for manufacturing iron with advantage. There is an abundance
of water power in the river, and besides, there are several limestone
springs that have an abundance of water for carrying all the machinery for
iron works, and located on the immediate banks of navigable streams. Fur-
naces might be erected next the face of the vertical limestone cliffs at Beat-
tv’s, and°at Long’s, and have the trundle head at the general level of the
country, and with a fall of water between the springs and river, sufficient to
be used twice over, on wheels of the largest kind; while the pigs of iron
could be slid directly to the boats below. As to fuel, wood and coal are in
great abundance and near, and limestone for a flux, in inexhaustible quantities,
forms almost all the cliffs of the river banks for miles.

Iron ore, in considerable quantity, occurs at Blue Lick, and Joe’s Lick, in
Madison county. These licks result from the disintegration of the slate rock
into a clay, which is frequently iucrusted, in dry weather, with a thin in¬
crustation of saline matter, which has, in some places, the taste of alum, in
others of copperas, or sulphate of iron. Cattle and wild animals resort to
these places to lick and eat the clay. The iron ore occurs in layers, and cour¬
ses of nodules in the slate rock; and as the slate crumbles away by the ac¬
tion of the weather, and by the crystal ization of the saline matter, the masses
of iron ore tumble down the slopes, and are thickly strewed on the naked
barren surface of the lick. In some places, these masses of iron ore are
gradually crumbled down also into a gravel by scaling off in concentric
coats, in consequence of a change of composition, and the action of the
frost; in others they change colour on the exterior, from a blueish grey to
reddish brown, and remain unchanged. It is thought probable, that investi¬
gation may demonstrate, that such an abundance of the ore exists naked on the
surface, and in the ravines, as to justify the erection of iron works in this vi¬
cinity, should the demand, or means of transport render it expedient. This
ore resembles a hard, compact, bluish grey limestone, but its weight is so
great that the close observer will not be deceived. The people ol the vi¬
cinity with whom I conversed, did not know it was iron ore. This ore is
perfectly similar to that observed near New Haven, and it abounds
through all the slate region of Kentucky. It has the same geological
relations as the nodules of septaria of the same slate rock in Ohio, only, the
composition is changed. In Ohio, these nodules or round masses in the
slate, are a carbonate of lime containing some carbonate of iron. In Ken¬
tucky, they are carbonate of iron, containing some carbonate ol lime. It is

•II

273

the kind of ore that is called in some parts of Kentucky “limestone ore.”—
This term, however, is also used for ores that are different in aspect, and
from a different geological position, viz: in the rocks of the coal formation.

The same calcareous iron ore as that at the Blue and Joe’s Licks was
seen in a great number of places in the valley of Red Lick Pork, on the
route from Joe’s Lick post office to Irvine. Throughout all these hills, the
slate containing this iron ore, underlies the limestone, and this the conglom¬
erate of the coal formation, which caps the highest hills.

The slate hills about Irvine, and particularly between Irvine and the Forks
of the Kentucky river abound in the same ore, and it is thought that re¬
search may here discover enough to justify the erection of furnaces and forges.
Wood and coal are abundant and cheap, and water transport convenient.

Iron ore, similar to the common brown iron stone, (limonite,) called “lime¬
stone ore,” was seen in some abundance near the junction of the limestone
and its superincumbent sandstone and conglomerate about 13 or 14 miles
from Irvine.

Frequent indications of iron ore were observed after reaching the hills of
the coal formation near the Forks of the Kentucky. It is not ascertained
whether workable beds of ore occur there. As iron ore abounds along the
western limit of this coal field across Ohio, and a part of Kentucky, it is
highly probable that geological research would point out the particular loca¬
tions of the beds in the other parts.

Iron ore is said to abound near Hazlegreen. I saw slight indications of it
in many places, and it may, probably, be abundant.

Iron ore was observed in the hills in several places on the route from Ha¬
zlegreen to West Liberty, and it probably abounds.

On the road from West Liberty to Owingsville, and between the former
place and Yoakum creek, on the ridge along which the road passes, great
quantities of iron ore were observed. The place where it was seen most
abundantly, is from 7 to 10 miles from West Liberty. It was limonite in va¬
rious states of aggregation. It corresponds in geological position with some
of the thick beds of similar ore in the noith part of Kentucky and in Ohio,
viz: above the conglomerate and sandstone rocks, and below the coal beds
that are generally wrought. As far as surface indications are to be trusted,
the bed varies from 2 to 8 feet thick.

Mr. Utterback, who lives near the junction of Yoakum creek with the
North Fork, told me that all the hills tops above the limestone,* abounded
with iron ore. From the geological character of this vicinity, the conclu¬
sion may, perhaps, be drawn, that the ore bed above the sandstone con¬
glomerate, must form the capsol many of these hills, while that which lies
above the limestone, and below the sandstone conglomerate, must be found
in the caps of the hills several miles to the westward. In fact we

* Geological section, showing the order of superposition :

1st. Coal formation, embracing the usual rocks.

2d. Conglomerate and sandstone, abounding in nitre, grottos, and rock houses.

3d. Limestone, cavernous, abounding in springs, with few fossils.

4th. Fine grained sandstone.

5th. Slate abounding in layers and courses of nodules of iron ore.

6th. Great limestone abounding in fossils.

35 [App. to S. J.]

274

found this to be so the next day, when travelling to the north west towards
OwingfyiU'e. This ore is limonite, in various states of aggregation. Mr.
Welch, the Chief Engineer of Kentucky, has been a close observer of the
geolon-y of this part of the State, and he informed me that these ore beds are
foundmn nearly all the knobs to the foot of the Narrows of the Licking.
The Narrows commence a few miles below West Libel ty, and continue
down the Licking below the North Fork. They seem to be caused by the
physical characters of the contiguous rocks. The conglomerate sandstone,
which is the base of the coal formation, emerges at the level ol the liver, a
few miles below West Liberty, and gradually attains a gieatei elevation,
forming the hill tops about Yoakum creek and the North Fork. J his rock,
as well as the subjacent limestone which is seen in the valleys, is wasted
away with difficulty by the weather and the action of water, and these rocks,
or their equivalents, form cliffs and precipices along almost tne whole boun¬
dary of the coal formation in Kentucky and Ohio. The same cause would
prevent the formation of wide bottoms along the rivci, as tlieie are undoubt¬
ed evidences, that almost all our valleys have been formed by the action of
running water, and the crumbling action of the weather. At the lower end
of the Narrows, the slate rocks emerge from below the slaty sandstone that
underlies the limestone, and here the valley widens and gives broad and
beautiful bottom lands. The slate rock crumbles rapidly away into clay by
exposure to the weather, and most of the earth resulting from its disintegra¬
tion, is removed by the action of water. The broad and rich alluvial val-
’ leys of the streams in the slate region, are undoubtedly due to this wasting
action of the weather on these rocks. The slate rock gradually attains a
higher elevation in the hills to the westward of the Nairows, until, near
GUI’s mills, it is 100 to 200 feet above the river. The calcareous iron stone
which has so frequently been mentioned as occurring in the slate rocks, was
observed to abound in the cliffs along the Licking, In one cliff, on the bank
of the river, the slate was crumbling rapidly away, and the slope was thick¬
ly strewed with blocks and nodules of the ore which had slidden down from
their original position. _

Three distinct courses of nodules were observed in the hill, within a thickness
of 40 feet. One of the layers of ore was at least one foot thick, and was of
good quality. The abundance of the slate ore, together with the ores of the
limestone and conglomerate of this region, must, before many yeais, cause
the erection of numerous iron works. Sandstone for the stacks and hearths,
slate for the inn walls, coal and wood for the combustible and steam power,
limestone for the flux, a variety of ores for mixture with each other, and
water transport, which are necessary elements, are all combined in this re¬
gion,and point with perfect certainty to the future wealth, and to the kinds
of industry that will employ its population.

A furnace is being erected, or may perhaps now be in operation, about
one and a half miles from Gill’s mills, on the road to Owingsville. It is sup¬
plied with ore from the vicinity. The ore lies on the limestone, and just be¬
neath the surface. Its extent is not known. It is stated to be from one to
four feet thick. It is a limonite, which seems to have lost a part oi its water
of combination. It is reddish brown, compact, earthy, columnar, and of va¬
rious imitative forms.

Iron ore was seen abundantly about ten miles from Owingsville, on the road
to Gill’s mills. It is visible in many of the hills.

IM. B. Buford, Esq. one of the State Engineers, in his report, says—

“Iron ore is first found in the vicinity of the river, at Ringo’s mill, 140
miles above its mouth. Ore beds, of about four feet in thickness, occur in
the hills on the left bank, and extensive beds are found in the hills on the
bank, near Fox creek.

■The Iron district on Slate creek was accurately described in the report of

also the beds of it in the vicinity of Bea-

opposite

“T!--

the Chief Engineer last year, as

ver creek. . .

“My own examinations have led me to believe that the iron ore which oc¬
curs near the river, from Cane creek to Beaver creek, at distances between
ISO and 193 miles from the mouth of the river, is more abundant, and of as
„ood quality, as in any other part of the State. The ore is found in veins
of from five to fifteen feet thick, near the bases of the hills, and in beds of
from three to ten feet thick, near their summits, and is found overlaying the

stratum of limestone, which has been above described.

“Iron ore is also found in most ot the hills between &late creek and West
Liberty, and near McClure’s mill the beds are very extensive.’ *

The bed of iron ore near the Slate Furnace, has already been desenbed.
Its geological position is on the fossiliferous limestone, which underlies the
slate rock so often mentioned. It is therefore lower, in geological position,
than any of the other great irondeposits of the State. These aie

1st. Bog ore, which is of limited extent, and local.

2d. The various ore beds ol the coal formation.

3d. The ore bed between the conglomerate and the cavernous limestone.
4th. The calcareous ores of the slate formation.

5th. The ore bed between the slate and the fossiliferous limestone.

Iron ore was seen in small qualities, near the junction of the slate with
the lower or fossiliferous limestone, a few miles from Owingsviile, on the
road to the mouth of the Big Sandy river. It was limonite.

The nodular calcareous ore was seen in the slate cliffs, on the banks ot the
Licking, and of Triplett’s creek, in several places, from six to eighteen miles

from Owingsviile. , r .

Iron ore "was observed abundantly in all the hills of the first divide ot the
western waters of Tygart’s creek. This includes the bed below the con¬
glomerate, and also those above the conglomerate, at the base of the coal
measures. From this region, to the mouth of the Little Sandy, almost
every hill that was examined was found to contain iron ore, in the gieatest
abundance. It lies in beds parallel to the strata, which dip very slightly to
the east and east-south-east, with a variable thickness of from one inch to
several feet. The resources of this region, in this mineral, are perfectly in¬
exhaustible. Several furnaces are already in successful operation, and the
time cannot be far distant, when it will be considered one ot the most val¬
uable iron districts in the country.

Engineer’s Report, 1837—page 95.

Statement of Blast 'Furnaces and Forges in the State of Kentucky, ex¬
tracted from the Report of the Honorable D. Trimble to the Legislature
of Kentucky, at the session of 1337-’S, page 20.

OWNERS NAMES,

Shreve, Paul & Co.
Shreve,Poage & Co.
Trimble,Woodrow & C
D. & J. Trimble,

Wm. Ward,

G. W. Darlington,
M’Coy, Poage & Co.
Stewart, Greene & Co.

Cuddy, Luthrop & Co,
Ward & M’Murtrey,

The quantities of metal made at the following furnaces and forges is not

known.

Names of Furnaces
in Greenup Co.

Tons of metal
per annum.

Charcoal per ton,
in bushels.

Tons of ore per
ton of metal.

Bellefonte,

1200

283

2.72

Amanda, -

1000

283

2.80

Raccoon, -

1300

2S0

2.50

Argillite, -

800

2S0

2.50

Hopewell, -

600

2S0

2.50

Globe Furnace, -

600

275

3.00

Clinton,

950

260

3.15

Caroline, -

750

300

2.75

Kentucky Steam,

650

300

2.75

Oakland, -

600

300

3.50

Pactolus, -

owners’ names.

COUNTIES,

Furnaces.

Forges.

REMARKS.

Robert Wickliffe,

Bath,

Calcareous oolit-

ic limonite; old-

est fur. in the S.

Jackson & Wheeler, -

Estill, ■* r

Valuable works.

John H. Baker, -

Bullitt, -

One rolling mill

on Salt river.

Miller & Irvine,

Nelson,

Holderman’s heirs,

Green, -

—

Do. do.

Plart,

Harrison & Co. -

Green, -

Buckner, Churchill & Co.

Hart,

.buckner Churchill,

Muhlenburg, -

Bath,

Total,

FURNACES.

Bushels,

Cents,

. rtnred in Greenup County, annually, from information collected by Henry J. Eastm, En-

Tabeb showing the iron manufacture^^G^ the Engineer Report of 1837 , page 145 - 146 .

Bushels

1,6134

1,453

3,250

3,000

1,626

OWNERS NAMES

Shreve, Paul & Co. -
Shreve, Paul & Co. -
Shreve, Paul & Co. -
D. Trimble & Co.

D. Trimble & Co.
McKoy, Poage & Co. -
McCuddey & Co.

Wm. Stewart & Co. -
Col. Ward,

Bellefont,

Amanda,

Raccoon,

Sandy, -

Clinton,

Oakland,

Caroline,

Little Sandy, ■

372,501

32,640

15.S40

10,170

550 2 00

1264

1574

T able —Continued

owners’ names,

FURNACES,

Bushels,

Bushels.

Shreve, Paul & Co.
Shreve, Paul & Co.
Shreve, Paul & Co.
-D. Trimble & Co.

D. Trimble & Co.
McKoy, Poage & Co,
McCuddy & Co.
Wm. Stewart & Co.
Col. Ward,

Bellefont,

Amanda,

Raccoon,

Clinton,
Oakland,
Caroline,
Little Sandy,

----- - - aA i iTirvMW^^roal

•* •* : - 1,7 jjggMi

pxnosure to the weather, while the rills and streams wash it away, and
thus cut down deep and narrow valleys. At a greater distance, where the
drainage Is not so rapid, it forms level, fine lands, of the best quality. 1 he
soils resulting from the mixed fragments of the slate and limestone, are not ex¬
celled in fertility, probably, in any part ot our country.

The slate contains pyrites in many places, and by the decomposition of
the rock, and of this mineral, copperas and alum are formed, and it is not
improbable that localities will be discovered, where these materials may be
manufactured with profit for commercial purposes.

The slate frequently contains small quantities ot gypsum, and this mate-
rial is frequently formed by the combination of lime from the rock, and sul¬
phuric acid derived from the decomposition of pyrites. I he decomposed
slate rock is well adapted in many parts of the State lor use as a mineral
manure, and it cannot be many years before it will be extensively employe
for this purpose.

NITRE. SALTPETRE. NITRATE OF POT ASS A.

This substance has been made in considerable quantities in Kentucky, but
it is believed that but little is now manufactured, although there aie abun¬
dant means. The nitre occurs in two different geological situations in Ken¬
tucky, viz: in the cavernous limestone, and in the superincumbent conglom-

61 In the first, it is found in the earth of the caverns, in the form of nitrate
of lime, and perhaps other nitrates, which are decomposed by leaching the
ley from these earths through wood ashes. The nitrates are thus convei e
into nitrate of potassa, which is called nitre or saltpetre, i he niti ates in the
caverns are sometimes in an unctuous clay, which, when wet, becomes ve y
plastic, and from which water will separate but a small quantity ot the nitre.

This is the most difficult to work. . f

The “nitre” of the conglomerate sandstone above the limestone, is iie-
quently a nitrate of lime, which requires the addition °f wood ashes or of
potassa, before the nitre of commerce can be procured. The situati ns i
which the nitrous earth is found, are very striking. This kindof sandstone
forms precipitous ledges of rock, which frequently overhang'then 1basis, a g

almost the whole of the western edge ot the coal forma mn of Kentucky
and Ohio. The rock crumbles away below, by the crys-talization ot tl -
irons particles, and these, with the sandy grains fall below. The rock over¬
hangs its base, and grottos of greater or less extent are
have been seen from 100 to 300 feet in length, and with the rock oveihang-

ing from 10 to 40 feet.

2S0

The earth beneath them is more or less impregnated with nitre, and even
the rock seems sometimes cemented by it.

These grottoes are commonly, and very appropriately, called rock houses
They afford a fine retreat for wild and domestic animals during storms,and
not unfrequently the traveller makes his camp in them.

Rock houses and nitre deposits are also found in the sandstones of the coal
formation, but they are not so numerous as in the conglomerate sandstone
at the base of the coal series.

MINERAL SPRINGS.

The mineral springs already known in Kentucky, are numerous and im.
portant, and to many of them a high value is justly attached. Others, that
are known to the inhabitants of the vicinity, are not generally appreciated
as they would be, were they brought properly before the public. All the
mineral waters of the State, as well as the various mineral substances, that
may be of scientific or economical interest, ought to be carefully analyzed
by an analytical chemist of the highest attainments, in whose results the
most implicit confidence can be reposed. The results of such investigations
would, undoubtedly, tend to improve the modes of application of some of
our materials, and introduce more perfect, methods in the manufactures of
many of the mineral products. The purification of salt waters, the grain¬
ing of salt in the form of alum salt, and improvements in the iron man¬
ufacture, may be anticipated as results to be derived from such investiga¬
tions. Of all our mineral springs, the salt springs are of more economical
importance than all the others. They are numerous, and already furnish
large supplies of salt for the consumption of the State. They do not seem
to be confined to a particular geological position, as has been supposed the
case in some other States, but the brine is found in the coal measures, and
in the subjacent slate and limestone formations, of such strength as to war¬
rant the manufacture of salt, where there is a sufficient demand, or means
of easy transport.

I have not yet been able to procure the details to show the statistics of
the salt manufacture of Kentucky, but it is estimated that from 500,000 to
1,000,000 bushels of salt are made annually at the different salines of the
Commonwealth. The salines on Goose creek, near Manchester, alone, man¬
ufacture about 200,000 bushels per annum.*

Burning springs and gas springs are not uncommon. Of the former, the
petroleum (which is the oily scum that is inflamable) is occasionally saved,
but it ought to be made a business to save this material for commercial pur¬
poses. It is applied to several uses, and commands a high price in the east¬
ern markets. Many hundred, and probably many thousand, barrels might
be annually collected at the different springs in the State, and would pro¬
duce an amount worth noticing as one of our mineral products.

The gas springs are also not uncommon. Those evolving carburetted hy¬
drogen, which takes fire and burns with a white flame, are most numerous,
and are capable of useful applications. They are natural “gas works,” and in
New York some of them are already economized, so as to light villages, light-

Mr. Snyder, Engineer, Report of Kentucky, 1837, page 134.

houses, &c., and they might, also, where abundant, in connection with salt
springs, be economized in boiling salt, or for warming houses, and a variety
of other purposes.

The more common mineral springs, such as chalybeate springs, sulphur
springs, &c., are numerous, and many of them are known, although few are
appreciated. They are natural medicinal everflowing fountains, appointed
by an allwise Creator to cure, or allay many of the diseases incident to the
climate, and as the country becomes more densely peopled, they will, doubt¬
less, be more fully appreciated. Some, as the Olympian springs, Harrods-
burg springs, &c., are already the annual resort of the invalid, and of much
of the wealth and fashion of the country.

None will be mentioned in this report that have been before made known.

A copious chalybeate spring was seen on the left bank of the North Fork
of the Kentucky, about 1-1 miles above the mouth of Troublesome creek.

Another was seen within 100 yards of Mr. Haddock’s house, near the
mouth of Troublesome creek.

A small chalybeate spring was seen at Joe’s Lick.

Chalybeate springs are particularly numerous in the slate region of Ken¬
tucky, and many of the more noted licks are in this rock.

limestone.

This rock underlies a large portion of the State, and in different parts,
res great variety to the physical aspect of the country, as well as the ag-
mltural character of the soil. The limestones of Kentucky are as various
their appearance, and fossil and mineral contents, as in their geological

sition. _ i-i

The principal masses of limestone rocks occupy three distinct geological
sitions in this State. They are all more or less fossiliferous, containing
e remains of marine animals. They are—

1st. The limestone beds in the coal formation.

2d. Cavernous, below the conglomerate and above the slate rock.

3d. Great limestone below the slate.

1st. The limestone beds or the coal FORMATION are not very thick, but
are adapted for building, for lime, for a flux with ores in the iron furnaces,
and in some places, perhaps, for an ornamental stone or marble.

2d. The cavernous limestone occupies an extensive area, and its general
limits may be understood by remarking, that it is the rock under tne “Bar¬
rens” of Kentucky. These Barrens were so called from the fact that no
trees grew there, while the other parts ot the State were overshadowed by
adarkforest ofheavy timber,and covered in many parts by an almost impene¬
trable cane brake. The Barrens were covered with a growth of fine grass. I lie
subjacent limestone is so cavernous, that almost all the water sinks into the
caves and fissures of the rocks, and flows in streams beneath the suilace,
which occasionally emerge and soon sink again to renew their subterranean
course. Water is rarely seen, and it is often exceedingly difficult to procure
it, even for ordinary domestic uses. T he soil is highly productive, and no¬
thing tends so much to prevent its occupation, and productive and extensive
tillage, as the want of an abundant supply of water for domestic uses, and

36 [ A PP- t0 S> J 0

sian wells in the same way as salt wells are bored. It is believed that the
water will probably rise to, or near the surface, and perhaps overflow in ma¬
ny places, so as to supply perpetual springs, which will be as valuable as th e
natural ones. Should the augur pass into any fissures of the rock during
the boring, it would be necessary to tube the well below that point, and
have the tube fit so closely, that there would be little leakage.

The reason that the Barrens were not covered with timber, is supposed to
have been due to the dryness of the soil, and the sweeping ol the praire fires
over them annually, thus scorching and destroying the tender shoots of the
young trees that might yearly spring up. It is still so in the great western
prairies, in which the praire fires annually sweep over almost the whole of
the open country, where the soil is not so wet as to arrest the progress of
the fire, and there no trees are to befound. except in the vicinity of such wet
places.

Since the settlement of Kentucky, the praire fires (which were often made
for the purpose of driving out the game,) have ceased, and the Barrens are
now covered by a thick growth of timber, where they are not occupied as
farms.

This limestone, which I have called the cavernous limestone, occupies an
area of some 5,000 to S,000 square miles in Kentucky. In most places it
makes lime of a superior quality, and it will be used in future to a much
greater extent than it has been, not only for mortar, but for supplying lime
to the soil, as a mineral manure.*

This limestone is, also, well adapted for use as a building stone, and in
some places for a variegated and clouded marble.

A stratum of silicious matter which varies in its texture from a hornstone
to a porous material like buhrstone, is found in many places in the cavern¬
ous limestone. The compact variety of this material was long used by the
early settlers for flints for their rifles. Another form of it is used for hones.
The coarser varieties are frequently seen of such a quality and texture, as to
fit them for millstones. The localities of these materials are frequently call¬
ed flint knobs, and their surfaces are thickly strewed with silicious masses.
However repulsive such lands may appear for agricultural purposes, they are
found to yield fine crops, to repay the husbandman for his labor.

3d. The great limestoxe as 1 have called it, from its extensive distribu¬
tion, not only in Kentucky, but over a great area of the western country,
is more slaty as a mass, than the cavernous limestone, and abounds in
fossils. Many of its layers disintegrate on exposure to the weather, and
form a soil of almost unequalled fertility. Fossil shells abound in the soils
resulting from the decomposition of this rock, and may be collected in great

*The importance of liming soils that have been long cultivated, is beginning to-be appreciated in
the New England States, and in New York, New Jersey, and Pennsylvania. Some millions of bush¬
els are consumed annually in those States, qs a mineral manure, and the limestone beds where they
are near water transportation, have become very valuable. They are sold at from $100 to $1,000
per acre. The manufacture of lime, for agricultural purposes, ha9 there become an important
business.

nber.s * The general aspect of the country, underlaid by this rock, ia
Wei or gently undulating, and covered with heavy crops where it is cultiva-
tLl and by a dense forest where the land is wild.

Many of the strata of this rock make good jime.j- Some of them seem to
1 Wapted to the manufacture of hydraulic cement; some of them make a
hpautiful building stone; some are clouded, and would make a fine marble,
nd some of them seem to be of uniform texture, and sufficiently compact
fnr lithography. These varied uses of this rock must, at no distant period,
mve employment to many people and much capital, and the soonei the im¬
portant Ideations, for these various branches of business, shall be discovered,
the sooner may the citizens of Kentucky expect to reap the benefits to be
derived front such developments of the mineral resources of the state.

The citizens of Kentucky, as a body, are agriculturists, producers of a
single kind, and as a consequence, the mass ot their products must seek a
distant market. It is necessary for the interest ot the State, that the citi¬
zens should be more nearly equalized in their relative numbers, all ol which
should be producers in their respective occupations. More iron masters
and colliers are needed, with their numerous dependents; more manufacto¬
ries of every kind, for which there are the greatest natural facilities to pro¬
duce the varied materials required for the comfort, convenience, and neces¬
sities of the population, and to furnish a home market for a large share ol

the agricultural products. . .

Land in many parts of Kentucky is sold for a small fraction of its value,
and frequently far below its worth for agricultural purposes. The advan¬
tage is altogether on the side of the buyer of landed property no L only in
Kentucky, but in most parts of the United States. The land is valued,
bought and sold according to its location and agricultural productiveness,
regardless of its mineral wealth, which is often of far greater importance.
A gentleman in Henderson informed me that he sold several hundred acies
of land, on the Green river, underlaid by a bed of coal three feet thick per¬
fectly accessible, for fifty cents per acre. He did not realize until told, that
by making a liberal allowance for waste, and allowing a profit of one cent
only per bushel, it ought to have given him a clear profit of $1,000 pei acre.
Similar instances might be multiplied, but a single example will suffice to il¬
lustrate the value of our mineral deposits, where they are accessible to cheap

transport.

tus, Spiel ter, Terebratula, Pentamerus, Euenhus,
Fungites, Millepora, and many others which will
of the geological survey, should the Legisla

♦Among these are several species ol the from
Fenliemile, Eschara, Cyathophyllum, Turbinolia
be specifically noted and described during the progress
ture authorize it.

fGeodes of quad* are very abundant in a part of the great limestone. They occur in
layer of the rock and ns this disintegrates, they remain in loose masses. The surface of .he conn y
where this stratum emerges, is thickly strewed with them. They are generally ho low, lined w h
chalcedony or agate, and with crystals of quartz, amethyst, or calcareous spar, anti they vary n tze
from a grape shot to the heaviest bomb shells. Beautiful specimens of the abovemen,toned mmetals

may be procured. They may be applied to use as ornamental stones and gems

Among the minerals found in veins in this limestone, sulphate of baryta, carbonate of baryta, g

..... he mentioned, but no veins of such a size as to warrant mining, have yet

284

In some parts of Europe, the mineralogical and geological survey of es¬
tates is considered as important as the ordinary survey to ascertain the num¬
ber of acres. A long period cannot elapse in the United States, before a
knowledge of the mineral products, or the probability of mineral wealth, of
particular kinds, beneath the soil, will be considered necessary in the valu¬
ation of landed property.

RESULTS TO RE ANTICIPATED FROM TIIE SURVEY.

Should the Legislature see fit to authorize a geological and mineralogical
survey of the State of Kentucky, it is believed that if it be executed in the
manner contemplated, it will result in apprizing landed proprietors of re¬
sources in mineral wealth, of which they are now ignorant; enable them to
appreciate and profit by those already known; inform the people what par¬
ticular mineral substances may be expected in the various sections of the
State; indicate the best means of searching for them, and recognizing them
when found; tend to encourage mining enterprises, where there is a certain¬
ty of success, and to repress and expose their fallacy, where there are not
sufficient indications to justify expenditure; diffuse the various kinds of
knowledge necessary in mining and metallurgic operations; attract public
attention to the mineral wealth of the State; cause an additional influx of
population and capital, to extract the mineral substances for use, and trans¬
port them to a market; raise the value of lands far above their present val¬
ue; and, finally, it will give an additional impulse to the enterprize and in¬
dustry, which are, even now, adding millions to the wealth of the commu¬
nity.

Another effect consequent upon the preceding, will be an increased de¬
mand for subsistence, for mechanical and professional labor of every kind,
and all the necessaries and wants of civilized life, giving a tone and vigor to
every branch of business.

The beneficial effects of such surveys are already felt in the various States
that have authorized them, the impulse is given, it is progressive, and no
State can long consent to remain with her natural resources hidden and un¬
known, when the expenditure of a few thousands of surplus capital, will re¬
turn millions to her citizens.

W. W. MATHER,

Geologist and Mining Engineer,

Jackson C. H., Jackson County, Ohio,

December 28 tk, IS3S.

APPENDIX.

In the preceeding Report, the reconnoisance of the mineral districts of
Kentucky, and the results that are likely to flow from a prosecution of the
Geological and Mineralogical survey of the State have been discussed. In
order to conform to the joint resolution of the General Assembly of the
Commonwealth, in relation to the Geological survey, it is necessary for me
to submit a plan for conducting the survey, and estimates of the amount ol
funds necessary to execute it.

1st. That the Governor appoint a Chief Geologist, who shall have the
general charge and supervision of the Geological and Mineralogical survey
of the State.

2 J. That the Geologist report annually, on or before the 1st of Febru-
' ’ ure, the ecomical results of the survey, in order that the
_) some of the benefits during its progress.

3d. It shall be the duty of the Chief Geologist to have all mines, quarries,
•al beds, ores, &c., examined during the progress of the survey, if ap-
,i be made by their proprietors, and to give an opinion, on consulta-
to the probable success of working any particular mine, mineral,

geological map of the State, af-
ith suitable sections,

ary to the Legislat
people may reap
f 3d. - u - 11

miner
plication
tion, as t
quarry, &c.

4th. The Chief Geologist shall prepare a _
ter the completion of the field duties of the survey, w
diagrams, &c., to illustrate the general geological structure of the^State;
an d he shall, also, prepare a detailed report after the completion of the sur¬
vey, calculated to describe and illustrate the geology and mineralogy, both
economical and scientific of the State, together with the results ol the an¬
alyses of such minerals, ores, salts, soils, mineral waters, &c., as shall have
been analyzed during the progress of the survey.

5th. That the Chief Geologist be empowered to employ such persons to
assist him in the varied duties of the survey, as may be most conducive to
its rapid and perfect accomplishment, and that he prescribe their duties,
and have them accountable to-him tor their faithful perfoimance.

6th. That an appropriation of $12,500 per annum* be made for four years,
to complete the Geological survey of the State. 1 his amount is deemed
sufficient, while the disbursement of a less amount w'ould tend to cramp the
operations of the survey.

7th. That the funds be paid by the Treasurer of State, on the order ot
the Chief Geologist, specification being made to whom, and for what pur¬
pose, it shall be paid.

1 W. W. MATHER,

Geologist and Mining Engineer.

* As the details for the execution of the contemplated geological survey, are not specified above,

I will proceed to give them, lest some should think the above amount a prodigal expenditure; anc
prefix to the organization proposed, a sketch of the organization of the geological boracls of some
other States. The Geological Board of the Slate of New York, of which I have the honor to be a
member, was the first that was organized with a view to a complete survey of a State in all Us nat¬
ural resources. This Board is composed of eight persons, each the head of a separate department,
viz: one Botanist, 1 Zoologist, 1 Palaeontologist, 1 Chemist and Mineralogist, and 4 Geologists
The Botanist is charged with a botanical survey of the Slate, and his duties involve not only a
description of all the plants of natural growth, but also every thing connected with the best modes of
culture and of obviating the various diseases of plants, and particularly those that ate extensively
cultivated as grains, fruits, and esculent roots. , „ , , ,

The Zoologists duties, involve a description of all the animals, insects, fishes, shells, A-c., ol the
State, with the best modes of rearing and breeding those that arc useful, and of destroying, oi obvi¬
ating the effects of noxious insects, which frequently, from a lack of knowledge of then species and
habits, disappoint the hopes of the agriculturist, by destroying or injuring his crops.

The duties of the Mineralogist and Chemist, involve a description of all the localities of the vari¬
ous minerals of the State, with their uses and practical applications, anu also, an analysis ot all the
minerals, mineral waters, soils, &c., with a view to improve modes of application, manufactuie,

The Palaeontologist, is charged with the examination of all the fossil remains and petrifactions
found in the rocks of the State. This might seem to many a matter of little practical nnpoitance,

'2S6

GLOSSARY OF WORDS USED IN THIS REPORT.

Alluvial. The adjective of Alluvium.

Alluvion. A synonim of Alluvium.

Alluvium. Recent deposits of earth, sand, gravel, mud, stones, peat, shell
banks, shell marl, drift sand, &c., resulting from causes now in action,
This term is generally applied to those deposits in which water is the prin¬
cipal agent.

but it has, notwithstanding, an important bearing in tracing out the deposites of particular minerals
of great economical value, and the want of the results of the labors in this department of geological
science, has, in several parts of the country, led to the expenditure of thousands upon thousands of
dollars, in fruitless research after particular mineral substances, where the observations of the prac¬
tical geologist, aided by the palaeontologist, would at once say, there was not the least probability of
finding the objects of their search.

Each of the four Geologists has charge of the investigations over his particular district, which em-
braces about one fourth of the area of the State. lie examines county by county, observing and
examining all the rocks, minerals, soils, springs, every thing natural that is inanimate ; traces out the
mineral deposits, rocks, quarries, mines, marbles, peat, marl, and their extent; estimates the quail*
tity, facilities for working and mining, transport to market; and, in fact, every thing that may render
them available and valuable to their owners; and he informs the owner of his discoveries on his es¬
tate, before an}'information upon the subject is communicated to any other individual^ and, finallyj
at the close of each season, the economical results of his examinations are communicated to the Le¬
gislature, through the Governor.

The Geological Board is organized upon the principle of division of labor, by which each head of
a department of the survey shall confine his observations to a limited sphere of inquiry, and thus be
enabled to carry out the details of his department, with a much greater degree of perfection, that if
his attention was diverted by many branches of investigation.

There is but one fault in this organization. The geological branch has no head, and there cannot,
under such circumstances, be that unity of design, and perfection of execution, that there would be
under the mode proposed.

The vote authorizing the Geological survey of New York was unanimous, and an appropriation
was made, of §104,000 for its execution. Nearly §80,000 of this sym is believed to have been ex¬
pended.

The oraganization of the Geological Board of Ohio, scarcely differs from that of New York, ex¬
cept that there is a head, styled the “Principal Geologist,” who has the genera) superintendence of
the survey, and who gives unity and concert of action in all the details of its operations. There is,
however, a Topographical Engineer attached to the Board, whose duty it is, under the direction of
the Principal Geologist, to execute a survey, and make a complete map of the State, as a basis for
an accurate geological map, which shall shew the extent and distribution of each of the rocks, min¬
erals, mines, quarries, mineral springs, &c. &.C. of the State. The only defect in this oganization,
is, that the assistants deriving their appointments and commissions from the Governor, that system of
accountability, control and efficiency, cannot be attained, ihatisso desirable for the rapid and perfect
execution of the survey, and that conld be, if they were selected by, and dependent on, the bead of
the Geological Board.

Ohio made an appropriation of §12,000 in 1837, and a bill is now reported for an annual appro-
priation of §12,000 for the continuance of her Geological survey.

Pennsylvania is having a Geological survey executed, and the organization of her Board is upon
nearly the same basis as that which I have suggested. A Chief Geologist is appointed and commis¬
sioned by the Governor. He superintends and directs the general operations of the survey, exam¬
ines with the assistants the more important points, and gives tone and vigor to every part. The as¬
sistants are selected and appointed by him, and so it should be, for he alone is responsible for the
faithful execution of his trust, and a man of reputation, will, of course, select for assistants, only
such as are well qualified to discharge the various duties of the survey. Pennsylvania has, it is be¬
lieved, appropriated §20,000 per annum for her Geological survey.

The proposed organization would be as follows: One Principal Geologist; three Geologists, each
in separate sections of the State; one Chemist for the analysis nf minerals, ores, &c.; one Botanist
and Zoologist; and if the Legislature see fit, one Agricultural Department.

The Chemical Laboratory for the analysis of the minerals, ores, soils, mineral waters, &c. &c.,
ought, in my opinion, to be located at the seat of Government of the State, and be put in such a
state of efficiency, that the various mineral substances that may be sent there, by individuals from
the different counties, by the members of the Legislature, shall be analyzed during the session, and
the results made known on their return to their constituents.

287

Alum rocks. Rocks which, by decomposition, form Alum.

Amorphous. Bodies devoid of regular form.

Amygdaloid. A trap rock which is porous and spongy, with rounded ca¬
vities scattered through its mass. Agates and simple minerals are often con¬
tained in these cavities.

‘ j[ n th r acite. A species of mineral coal, hard, shining, black, and devoid

of bitumen. .... , ..

Anticlinal. An anticlinal ridge or axis is where the strata along a line

dip contrariwise, like the sides of the roof of a house.

1 Arenaceous. Sandy.

Argillaceous. Clayey.

[uo-ite. A simple mineral of variable color, from black through green
and gray to white. It is a constituent of many volcanic and trappean rocks,
and is also found in some of the granitic rocks.

Avalanche. This term is usually applied to masses of ice and snow which
have slidden from the summits or sides of mountains. It is now also ap¬
plied to slides of earth and clay.

Basalt. One of the common trap rocks. It is composed of Augite and
feldspar, is hard, compact, and dark green or black, and has often a regular
columnar form. The palisadesof the Hudson show the columnar aspect of
trap rocks. The Giants’ causeway is cited as an example of Basaltic rocks,
and the columnar structure is there very strikingly displayed,

Bitumen. Mineral pitch, which is often seen to ooze from fossil coal when

on fire. . . ,. . . . .

Bituminous Shale. A slaty rock, containing bitumen, and which occurs

in coal measures.

Blende. Sulphuret of Zinc. A common shining zinc ore.

Bluff's. High banks of of earth or rock with a steep front. The term is
generally applied to high banks forming the boundaries of a river, or river
alluvions.

Botryoidal. Resembling a bunch of grapes in form.

Boulders. Rocks which have been transported from a distance, and more
or less rounded by attrition or the action of the weather. They lie upon
the surface or loose in the soil, and generally differ from the underlying rock
in the neighborhood.

Breccia. A rock composed of angular fragments cemented together by
lime or other substances.

Calc Sinter. A German term for depositions of limestone from springs,
and waters which contain this mineral in solution.

Calcareous rocks. A term synonimous with limestones.

Calcareous Spar. Crystallized carbonate of lime.

Carbon. The combustible element of coal.

Carbonates. Chemical compounds containing carbonic acid, which is
composed of oxygen and carbon.

Carbonic Acid. An acid gaseous compound, incapable of supporting
combustion, and deleterious to animal life. It is common in caves and wells,
and many incautions persons loose their lives in consequence ot descending,
without first ascertaining its presence by letting down a lighted candle.
Man cannot live where a candle will not burn freely.

Carboniferous. Coal bearing rocks. This term has been applied to a for¬
mation belonging to an ancient group of secondary rocks which contains coal.

288

The term is now u- ed in a more enlarged sense, and may be applied to any
l-ocks containing coal. 3

Chert. A siliceous mineral, approaching to chalcedony, flint and horn,
stone. It is usually found in limestone.

Chlorite. A soft green scaly mineral, slightly unctuous.

Chloride Slate. Slate containing chlorite.

Clinkstone. A slaty feldspathic or basaltic rock, which is sonorous when
struck.

Cleavage. The separation of thin laminae of rocks and minerals in C er-
tain constant directions. They are not always parallel to the planes of strat¬
ification, but are often mistaken for them.

Coal formation. Coal measures. These terms are considered synoni.
mous, and refer to the great deposit of coal in the older secondary rocks
which has been called the “independent coal formation.” There are, how-
ever, deposits of carbonaceous matter in all the geological periods, and se-
veral of them might also be called coal formations.

Conformable. When strata are arranged parallel to each other, like the
leaves of a book, they are said to be conformable. Other strata lying across
the edges of these may be conformable among themselves, but unconfonna-
ble to the first set of strata.

Conglomerate, or Puddingstone. Rocks_ composed of rounded masses,
pebbles and gravel cemented together by a siliceous, calcareous, or argilla-
ceous cement.

Cretaceous. Belonging to the Chalk formation.

Crop out and out crop. Terms employed by Geologists and Mining En¬
gineers, to express the emergence of rock, in place, on the surface of the
earth at the locality 'where it is said to crop out.

Crystalline. An assemblage of imperfectly defined ciystals, like loaf sugar
and common white marble.

Delta. Alluvial land formed at the mouths of rivers.

Denudation. A term used to express the bare state of the rocks over
which currents of water have formerly swept, and laid the rocks bare, nr ex¬
cavated them to form valleys of denudation.

Deoxidize. To separate oxygen from a body.

Dyke. A kind of vein intersecting the strata, and usually filled some un¬
stratified igneous rock, such as granite, trap or lava. These materials are
supposed to have been injected in a melted state into great rents or fissures
in the rocks.

Diluvium and Diluvion. Deposits of boulders, pebbles, and gravel, which
many geologists have supposed were produced by a diluvial wave or deluge
sweeping over the surface of the earth.

Dip. Where strata are not horizontal, the direction in which their planes
sink or plunge, is called the direction of the dip, and the angle of inclination,
the angle of dip.

Dolomite. A magnesian limestone belonging to the primary class. It is
usually granular in its structure, and of a friable texture.

Dunes. Sand raised into hills and drifts by the wind.

Earth's Crust. The superficial parts of our planet which are accessible
to human observation.

Eocene. The strata deposited during the oldest of the tertiary epochs,as,
for example, the Paris Basin.

Estuaries. Inlets of the sea into the land. The tide and fresh water

streams mingle and flow into them. They include not only the portion of
the sea adjacent to the mouths of rivers, but extend to the limit of tide water
on these streams.

Exuviae. In Geology, fossil remains.

Fault. A dislocation of strata, at which the layers on one sida of a dyke
or fissure have slidden past the corresponding ones on the other. These dis¬
locations are often accompanied by a dyke. They vary from a few lines to
several hundred feet.

Feldspar. One of the simple minerals, and, next to quartz, one of the
most abundant in nature.

Ferruginous. Containing iron.

Fluviatile. Belonging to a river.

Formation. A group of rocks which were formed during a particular
period, or which are referred to a common origin.

Fossils. The remains of animals and plants found'buried in the earth,-
or enclosed in rocks. Some of these are but slightly changed, others are
petrified and the organic replaced by mineral matter; some have decayed
and left the impression of the bodies, while'others have been formed by min¬
eral matter deposited in the cavities left by the decay of the organic body.
The form and structure of the original body both remain. In casts, the exte¬
rior form alone is preserved. Fossils are also called organic remains.

Fossiliferous. Containing organic remains.

Galena. An ore of lead composed of lead and sulphur.

Garnet. A simple mineral, which is usually red and crystallized. It is
abundant in most primitive rocks.

Gneiss. A stratified primary rock, composed of the same materials as
granite, but the mica is distributed in parallel layers, which give it a striped
aspect.

Geology . A science which has for its object to investigate the structure
of the earth, the materials of which it is composed, the manner in which these
are arranged, with regard to each other; and it considers the action of all
natural causes in producing changes, such as the effects of frost, rain, floods,
tides, currents winds, earthquakes and volcanos.

Economical Geology refers to the applications of geological facts and ob¬
servations to the useful purposes of civilized life.

Granite. An unstratified rock, composed generally of quartz, feldspar
and mica, and it is usually associated with the oldest of the stratified rocks.

Graywacke Grauwacke. A group of strata in the transition rocks;
but the term has been so indefinitely applied, that other names will probably
be substituted.

Greenstone. A trap rock, composed of hornblende and feldspar.

Grit. A coarse-grained sandstone.

Gypsum. A mineral, composed of sulphuric acid and lime, and extensive¬
ly used as a stimulant manure, and for making stucco and plaster casts, &c.
It is also called Plaster of Paris.

Hornblende. A mineral of a dark green or black color, and which is a
constituent part of greenstone.

Hornstone. A siliceous mineral, approaching to flint in its characters.

In Situ. In their original positions where they were formed.

Laminae. The thin layers into which strata are divided, but to which

they are not always parallel.

37 [App. toS.J.J

'll

'ii:I (i

ater

290

Lacustrine. Belonging to a lake. Depositions formed in ancient as well

as modern lakes, are called lacustrine deposits. . ,

Landslip. It is the removal of a portion of land down an inclined sur.
face. It is in consequence of the presence of water beneath, which either
washes away the support of the superincumbent mass, or so saturates the

materials that they become a slippery paste. .

Line of Bearing, is the direction of the intersections the planes of the

strata with the plane of the horizon. ,. ,

Lignite. Wood naturally carbonized and converted into a kind of coal
in the earth.

Littoral. Belonging to the shore.

Loam. A mixture of sand and clay. . . ...

Mural Escarpment. A rocky dill with a face nearly veitical like a wall,
Mammillary. A surface studded with smooth small segments of spheres
like the swell of the breasts.

Mammoth. An extinct species of the elephant. _ .

Marl. By this term an argillaceous carbonate of lime is usually implied,
By custom, its signification is much more extended, and means mineral sub¬
stances, which act as stimulating or fertilizing manures. There are clay

marls, shell marls, and various others. , . .

Mastodon. A genus of extinct fossil animals allied to the elephant. They
al -e so called from the form of the grinders which have their surfaces cover¬
ed with conical mammillary crests. ...

Matrix. The mineral mass in which a simple mineral is imbedded, is

called its matrix or gangue. . ...

Mimtherium. A fossil extinct quadruped resembling a gigantic sloth.
Mechanical origin, Rocks of. Rocks composed of sand,, pebbles 01 hag.
ments, are so called, to distinguish them from those of a uniform crystalline
texture, which are ol chemical origin.

Mica. A simple mineral having a shining silvery surtace, and capable ol
being split into very thin elastic leaves or scales. The brilliant scales in
granite and gneiss are mica.

Mica Slate. One of the stratified rocks belonging to the primary class.
It is generally fissile, and is characterized by being composed of mica and
quartz, of which the former either predominates, or is disposed in layers,
so that its flat surfaces give it the appearance of predominating.

Miocene. One of the deposites of the tertiary epoch. It is more recent
then the eocene and older than the pliocene. , ,

Mollusca. Molluscous animals. “Animals, such as shell fish, which, be¬
ing devoid of bones, have soft bodies.” .

^Mountain Limestone. “A series of limestone strata, of which the geolo¬
gical position is immediately below the coal measures, and with which they
also sometimes alternate.”

Muriate of Soda. Common Salt. .

Naphtha.' A fluid volatile inflamable mineral, which is common m volca¬
nic districts, and in the vicinity of the Salt Springs of the United States.

New Red Sand-stone. “A series of sandy and argillaceous, and often cal¬
careous .strata, the prevailing color of which is brick red, but containing
portions which are greenish grey. These occur often in spots and stupes,
so that the series has sometimes been called, the variegated sand-stone.
European, so called, lies in a geological position immediately above the coal
measures.”

Nodule A rounded, irregular shaped lump or mass.

Old Red Sand-stone. “A stratified rock, belonging to the carboniferous

^Oolite E “A^hmestone, so named, because it is composed of rounded par¬
ticles like the roe or eggs of fish. The name is also applied to a large group
of strata characterized by peculiar fossils.”

Organic Remains. See Fossils. „ „ . ,

Orthoceratite. The remains of an extinct genus of molluscous animals,
called Cephalopoda. The orlhoceratites are long, straight, conical cham¬
bered shells.

Out-crop. See Crop-out. r

Out-licrs. Hills or ranges of rock strata, occurring at some distance irom
the o-eneral mass of the formations to which they belong. Many of these
have been caused by denudation, having removed parts of the strata which
once connected the out-liers with the main mass of the formation.

Oxide. A combination of oxygen with another body. I lie term is usu¬
ally limited to such combinations as do not present active acid or alkaline

properties. ..

Palaeontology. A science which treats of fossil remains.

Pisolite. A calcareous mineral, composed ot rounded concretions like

^ Pliocene. The upper, or more recent tertiary strata. This gioup of
strata is divided into the older and newer pliocene rocks. . f ,

Petroleum. A liquid mineral pitch. It is common in the region ot salt

springs in the United States. . -r- , __„i_ •

Porphyry. A term applied to every species of unstratified rock, in

which detached crystals of feldspar are diffused through a compact base of
other mineral composition.

Productus. An extinct genus of fossil bivalve shells.

Plastic Clay. One of the beds of the Eocene period. The plastic clay
formation is mostly composed of sands with associated beds ol clay.

Pudding Stone. See Conglomerate.

Pyrites. A mineral composed of sulphur and iron. It is usually ot a
brass yellow, brilliant, often crystalized, and frequently mistaken lor gold.

Quartz. A simple mineral, composed of silex. Rock crystal is an exam¬
ple of this mineral. _ _ , , j

Rock. All mineral beds, whether of sand, clay, or firmly aggregated

masses, are callen rock. . - ,

Sand-stone. A rock'composed of aggregated grains ol sand.

Saurians. Animals belonging to the lizard tribe.

Schist. Slate. . ,

Seams. “Thin layers which separate strata of greater magnitude.

Secondary Strata. “An extensive series of the stratified rocks, which

compose the crust of the globe, with certain characters in common, which

distinguish them from another series below them, called primary, and an¬
other above them, called tertiary.” - .

Sedimentary Rocks. —Are those which have been formed by then mate¬
rials having been thrown down from a state of suspension or solution in
water.

Selenite. Crystallized gypsum.

Septaria. Flattened balls of stone, which have been more or less cracked

292

in different directions, and cemented together by mineral matter which fills
the fissures.

Serpentine. A rock composed principally of hydrated silicate of magne.
sia. It is generally an unstratified rock.

Shale. An indurated slaty clay, which is very fissile.

Shell Marl—Fresh water Shell Marl. A deposit of fresh water shells
which have disintegrated into a grey or white pulverulent mass.

Shingle. The loose, water-worn gravel and pebbles on shores and coasts

Silex. The name of one of the pure earths which is the base of flint
quartz, and most sands and sand-stones.

Silt. “The more comminuted sand, clay and earth, which is transported
by running water.”

Simple Minerals —Are composed of a single mineral substance. Rocks
are generally aggregates of several simple minerals cemented together.

Slate. A rock dividing into thin layers.

Stalactite. Concreted carbonate of lime, hanging from the roofs of cares
and like icicles in form.

Stalagmites. Crusts and irregular shaped masses of concreted carbonate
of lime, formed on the floors of caves, by deposits from the dripping of water.

Stratification. An arrangement of rocks in strata.

Strata. Layers of rock parallel to each other.

Stratum. A layer of rocks; one of the strata.

Strike. The direction in which the edges of strata crop out. It is synon¬
ymous with line of bearing.

Syenite and Sienite. A granitic rock, in which hornblende replaces the
mica.

Synclinal line and Synclinal axis. When the strata dip downward in
opposite directions, like the sides of a gutter.

Talus. In geology, a sloping heap of broken rocks and stones at the foot
of many cliffs.

Tertiary Strata. “A series of sedimentary rocks, with characters which
distinguish them from two other great series of strata—the secondary and
primary—which lie beneath them.”

Testacea, “Molluscous animals, having a shelly covering.”

Tepid. Warm.

Thermal. Hot.

Thin out. Strata which diminish in thickness until they disappear, are
said to thin out.

Trap—Trappean Rocks. Ancient volcanic rocks, composed of feldspar,
hornblende and augite. Basalt, greenstone, amygdaloid and dolerite, are
trap rocks.

Travertin. “A concretionary lime-stone, hard and semi-crystalline, de¬
posited from the water of springs.”

Tufa, Calcareous. “A porous rock, deposited by calcareous waters on
exposure to air, and usually containing portions of plants and other organic
substances incrusted with carbonate of lime.”

Tufaceous. A texture of rock like that of tuff.

Tuff or Tufa. “An Italian name for a volcanic rock of an earthy texture.’ 1

Unconformable. See conformable.

Veins. Cracks and fissures in rocks filled with stony or metallic matter.
Most of the ores are obtained from metallic veins.

Zoophytes. Corals, sponges, and other aquatic animals allied to them.

APPENDIX No. 1

T.Q

AUDITOR’S ANNUAL REPORT.

DECEMBER SESSION, 1S38.

State op Kentucky, Auditor’s Office, )
January 17, 1339. $

Sir:

Please lay before the House over which you preside the accompa¬
nying documents, which is intended as an Appendix to Auditor’s Annual
Report, for the year ending October 10, 1S38,

And oblige vours, &c.,

BEN. SELBY, Auditor.

Hon. C. A. WlCKLIFFE,

Speaker of the Senate.

Valuation of Property, as per Commissioners’ Books, for 1S35, 1S36, 1837, 183S.

Children

COUNTIES,

Adair,

Allen,

Anderson,

Bracken,

Bullitt,

Bourbon,

Barren,

Breckinridge,

Boone,*

Butler,

Bath,

Campbell,

Caldwell,

Christian,

Clarke,

Clay,

Cumberland,

Calloway,

Casey,

1S35

1836

1837

1S3S

Amount re¬
ceived under
equalizing law.

Voters.

Dollars.

No.

Calloway,

Casey,

VUtS,a#4 SSU,£>y4

437,107 4SS.15G

Clinton,

Carroll,

Carter,

Daviess,

Edmonson,

Estill,

Franklin,

Fayette,

Floyd,

Fleming,

Gallatin,

Greenup,

Green,

Grant,

Graves,

Grayson,

Garrard,

Henry,

Hart,

Harlan,

Henderson,

Hopkins,

Hickman,

Harrison,

Hardin,

Hancock,

Jefferson,

Jessamine,

Knox,

Lewis,

Lincoln,

I, 146,144
228,577
497,344

2,246,204

II, 849,357
322,939

2,302,031

1,321,590

SS2,988

2,074,536

420,209

4SS,614

327,367

2,41S,927

2,362,378

662,537

207,371

I, 554,560
935,213
919,333

2,774,879

2,053,256

265,564

II, 848,162
2,767,320

431,805

637,927

2,807,185

1,454,362
330,573
597,607
2,611,323
13,885,009
363,445
2,965,120
1,701,203
1,027,055
2,599,486
549,714
624,737
392,908
3,123,792
3,250,597
831,3S3
214.246
1,973,655
1,056,120
1,232,569
3,809,9S0
2,515,245
343,453
19,306,267
3,769,329
445,773
771,092
3,583,317

1,U1U,1£>U

685.0S5

Valuation of Property, &c.— Continued.

COUNTIES.

1S35

1S36

[

1837

1S3S

Amount re¬
ceived under
equalizing law.

Voters.

Children.

Dollars.

No.

Laurel,

195,962

254,S99

2S5,353

316,090

34,571

521

Lawrence,

- 1

269,917

310,S60

357,942

379,306

8,556

830

Livingston,

1,001,449

1,23S,693

1,475,626

1,645,594

209,046

1,157

Logan,

2,944,159

3,361,067

3,94S,917

4,400,392

556,965

1,556

Muhlenberg, -

726,309

789,848

9S9.S20

1,334,291

201,941

1,063

1,774

Madison,

3,629,668

5,377,949

6,085,296

7,227,999

1,289,473

2,092

Montgomery, -

2,867,925

3,391,966

4,2S1,411

4,437,636

529,022

1.144

Mercer,

3,710,275

4,5S7,672

6,333,752

6,554,707

684,622

2,281

Morgan,

245,038

295,S22

370,6S0

469,323

27,552

661

746

Mason,

4,287,SOS

5,656,232

6,44S,122

6,968,476

2,331

Monroe,

573,303

632,54S

• 730,340

785,250

79,167

909

Meade,

S62.79S

820,939

1,137,076

1,227,228

66 S

McCracken, -

373,536

515,761

806,9S7

1,001,470

124,530

609

Marion,

1,520,139

1,689,948

2,105,347

2,455,S95

236,4S4

1,361

Nicholas,

1,689,613

2,644,816

2,9S0,263

3,002,723

None.

1,290

Nelson,

3,443,532

4,174,550

5,004,792

4,549,813

727,508

1,792

Ohio,

561,164

635,343

779,SI 9

830,368

72,365

949

1,8 22

Owen,

881,390

1,228,113

1,451,470 I

1,631,473

70,236

1,149

Oldham,

1,773,395

2,106,5SS

2,202,871 |

2,787,32S /

None.

955 1

[App. to S. .T. ]

Pulaski,

Perry,

Pendleton,

Pike,

Rockcastle,

Russell,

Simpson,

Shelby,

Scott,

Spencer,

Todd,

Trigg,

Trimble,

Union,

Wayne,

Woodford,

Warren,

Whitley,

Washington,

Total,,

0X2,109

932.S43

1,197,427

1,225,799 I

119,955 j

1,749 \

181.8S4

214,287

275,928

319,705

None. 1

674

1,382

474,541

605,671

866,696

959,140

128,207

713

85S

184,468

215,399

249,199

281,091

26,275 !

510 1

312,040

379,062

433,030

523,379

47,214

650

370,517

410,269

477,652

506,101

67,382

676

SS9,492

1,079,033

1,296,195

1,306,035

155,044

845

5,718,961

7,326,475

8,966,236

8,500,929

866,728

2,198

4,151,114

5,789,352

6,641,627

6,221,882

528,115

1,895

1,596,094

1,854,921

2,053,379

2,428,845

195,017

923

1,967,865

2,518,819

2,660,549

2,720,435

265,617

1,056

1,021,745

1,306,307

1,579,413

1,599,595

181,071

995

1,385,145

166,732

S58

854,7S3

906,206

1,090,438

1,422,392

None.

875

773,670

800,184

911,321

1.137,268

180,212

1,140

4,705,414

5,461,S06

6,856,672

6,028,394

715,729

1,1S0

2,044,523

2,651,422

3,237,500

3,285,892

137,000

920

228,764

244,652

312,898

350,299

31,141

709

1,642,666

2,302,475

2,462,248

2,983,525

260,384

1,376

$149,273,972

191,022,117

224,259,274

242,022,969

21,192,033

104,622

26,071

BEN. SELBY, Auditor .

Note. Since the above report was made to the Legislature, the amount of taxable property, &c. under the Equalization-
Law, in the county of Oldham, has been handed to the Public Printer by the Auditor, and is $235,740. It was in his ori¬
ginal draft, but omitted by the copyist.

REPORT

OF THE

- MANAG ERS OF THE LUNATIC HOSPITAL,

FOR 1838.

To the Honorable the General Assembly

of the Commonwealth of Kentucky:

The Commissioners of the Lunatic Asylum respectfully beg leave to sub-
mit their fifteenth annual report.

The accompanying document marked A, exhibits a list of patients who
have received the benefits of the Institution during the past year; the time
of admission; disease; age; sex; county or State from where they came,
with remarks. From which it appears that 63 have been received during
the year, making, together with 113 remaining at last report, 176; of whom
16 have been restored; 9 have eloped, and 29 have died, leaving at this time
one hundred and twenty two in the house, viz: 54 males and 6S females.

Since the opening of the Institution 690 patients have been admitted, 301
discharged, and 267 have died.

Your Commissioners refer you to document marked B, containing a sy¬
nopsis of the financial transactions of the institution for the past year; the
State appropriation; board paid for patients and advanced by their com¬
mittees, together with the balance on hand last year, amount "to ten thous¬
and six hundred and seventy dollars sixty eight and a fourth cents; and the
expenditure for the support of the institution, to ten thousand six hundred
and thirty five 'dollars sixty nine and a half cents. Leaving a balance in
the Chairman’s hands, of thirty four dollars ninety eight and three fourth
cents.

The Asylum was visited during the past summer by that dreadful scours
of the human race, the small pox. It prevailed for the space of four month
and thirty three persons were attacked, to five of whom it proved fat-il’
Among them was the late keeper, Mr. John King. The Commissioners feel'
gratified in being enabled to state that they have succeeded in supplying tlii
vacancy, by the appointment of Mr. John Catherwood, whose exertion!
thus far, have given satisfaction.

The attention of the Legislature is solicited, to the increased wants of the
institution, in consequence of the gradual increase of the patients, to afford
the necessary comforts to them, an additional building is required and an
accession to the ground. In consequence of the small pox, and increased

Patients who have received the benefits of the Lunatic Asylum, from the lsZ day of January to the 31 st day of

December, 1838.

Remarks

Disease,

Date of reception,

1824

May 4,

July 20, -

October 23,
November 25,

1825
January 25,

1S26

April 4,
October 25,

1827

May 29,

July 7, -

November 2,
November 23,
December 23,

1S39, Jan. 1st, remains stationary, works
1S39, Jan. 1st, remains stationary.

1S39, Jan. 1st, remains stationary.

1S39, Jan. 1st, remains stationary, works,

Idiocy,

Catamania,

Mania,

1S39, Jan. 1st, remains stationary,

1S39, Jan. 1st, remains stationary.
1S3S Aug. 23, died, smallpox.

Mania.

Mania,

1839, Jan. 1, remains stationary.
1S3S, Oct. 9, died, smallpox.

1839, Jan. 1, remains stationary, w
1839, Jan. 1, remains stationary.
1839, Jan. 1, remains stationary, w

Peurperil,

Idiocy,

Mania,

Sex.

Age.

County from
whence bro’t.

No.

Bracken, -

Clarke,

Madison, -

Fayette, -

Shelby,

Jefferson, -

101

Jessamine, -

125

Washington,

140

Fayette, -

149

Bracken, -

157

Logan,

159

McCracken,

161

A—Continued.

Date of reception.

Disease.

Sex.

Age.

County from
whence bro’t.

1828
February 15,

Mania,

Misssissippi,

April 10,

Mania,

Barren,

May 7, -

Mania,

Laurel,

August 4, -

Idiocy,

Wayne,

October 2, -

Mania,

Barren,

1829

April 29, -

Epilepsy, -

Jefierson, -

July 25,

Mania,

Simpson, -

September 5,

Epilepsy, -

Mercer,

1830

April 21, -

Mania,

Mercer,

June 24,

Mania,

Mercer,

September 2,

Epilepsy, -

Spencer, -

October 2, -

Mania,

Mercer,

October 25,

Epilepsy, -

Ohio,

1S31

December 11,

Mania,

Allen,

1832

Mnrch 31, -

Mania,

Tennessee, j

Remarks.

1S39, Jan. 1 , remains stationary.

1S39, Jan. 1, remains stationary, works.
1839, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary, works.

1839, Jan. 1, remains stationary.

1839, Jan. 1, remains stationery.

1839, Jan. 1, remains stationary.

1838, Jan. 1, died, atrophy.

1839, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary, works.
1839, Jan. 1, remains stationary.

1S39, Jan. 1, remains stationary.

1S3S, Sept. S, died, consumption.

302

M^arch 31,

Mania,

F* ( 44 I Tennessee,

3 2S

1S3S, Sept. S, died , consumption.

August 21,
October 19,
October 19,
December 11,

1833

April 22, -

July 31,
November 6,

1834

February 23,
March 19, -
April 4,

April 21, -

April 24,

May 1,

May 10,

May 17, -

June 14,
August 18, -
August 20, -
August 24, -
September 19,

1835

January 12,
January 19,
March 13,

Epilepsy, -

39 |

Mason,

338

Mania,

Woodford,

348

Mania,

Fayette,

349

Idiocy,

Fayette,

354

Idiocy,

Nelson,

368

Idiocy,

Shelby,

374

Mania,

•

Fayette, -

3S8

Mania,

Hart,

398

Mania,

Fayette,

400

Epilepsy, -

Bracken, -

403

Idiocy,

■r

Livingston,

406

Mania,

Jessamine, -

407

Mania,

Logan,

408

Idiocy,

Campbell, -

409

Mania,

Owen,

410

Mania,

Franklin, -

414

Mania,

Bath,

430

Mania,

Simpson, -

432

Mania,

Shelby,

433

Mania,

Allen,

437

Mania,

Jefferson, -

450

Mania,

Bourbon, -

451

Mania,

Warren, -

454

1839, Jan. 1, remains stationary..
1839, Jan. 1, remains stationary-
1839, Jan. 1, remains stationary..
1S38, June 24, died, dysentery.

1S39, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary, works,
1839, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary, works.
1839, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary.

1538, Jan. 1, died, atrophy.

1839, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary, works.

1838, Feb. 24, died, atrophy.

1839, Jan. 1, remains stationary.

1539, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary.

1S39, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary.
1839, Jan. 1, remains stationary,
1839, Jan. 1, remains stationary.

Date of reception.

Disease.

Sex.

Age.

1835

March 26, -

Mania,

May 22,

Mania,

May 23,

Epilepsy, -

May 26,

Idiocy,

June 10,

Mania,

July 20,

Mania,

August 26, -

Mania,

November 4,

Epilepsy, -

November 7,

Idiocy,

1836

February 12,

Idiocy,

March 17, -

Mania,

- j

April 26,

Idiocy,

-- !

August 4, -

Mania,

Aagust 17, -

Mania,

- ;

Agust 26, -

Melancholia,

August 29,

Mania,

September 2,

Mania,

September 19,

Mania,

October 21,

Epilepsy, -

November 15,

Mania,

A—Continued

County from
whence bro’t.

Remarks,

Nicholas, -
Shelby,
Jessamine, -
Montgomery
Harrison, -
Fayette, -
Montgomery
Wayne,
Bourbon, -

1S39, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary.

183S, Sept. 22, died, fits.

1S39, Jan. 1, remains stationary, works

1838, Dec. 31, died, convulsions.

1S39, Jan. 1, remains stationary.

1S38, Oct. 20, died, fits.

1839, Jan. 1, remains stationary, works.

1839, Jan. 1, remains stationary, works,
1S3S, July 29, died, dysentery.

1839, Jan. 1, remans stationary.

1S39, Jan. 1, remains stationary.

1839, Jan. 1, remains stationary.

1S3S, Feb. 22, died, atrophy.

1S39, Jan. 1, remains stationary.

1S3S, June 7, died, dropsy of brain v
1S3S, Sept. 152, died, atrophy.

Henry,
Madison, -
Harrison, -
Hancock, -
Allen,

Green,

Grant,

Bourbon, -

Breckinridge.

Cumberland,

Illinois,

[App. to S. J.]

1S37

January 26,
February 1,
February 1,
February 4,
March 2,
March 6,
March 18,
March 23,
March 27,
April 12,

May 8,

May 19,

May 30,

June 9,

July 3,

July 10,

July 21,

July 28,
August 16,
August 20,
August 28,
September 5,
September 5,
September 12,
September 19,
October 6,
October 19,

1S39, January 1, remains stationary.
1839, January 1, remains stationary.
183S, May 19, discharged.

1S3S, April 27, died, inflamation.

1839, January 1, remains stationary.
1S39, January 1, remains stationary.
183S, December 4, discharged.

1S39, January 1, remains stationary.
183S, November 21, eloped, but restored.
1839, January 1. remains stationary.

1838, May 4, discharged.

1S38, May 26, discharged.

1538, May 16, discharged.

183S, December 23, died, dropsy.

1S3S, October 5, died, smallpox.

1539, January 1, remains stationary.

1538, March 9,. died, atrophy.

1539, January 1, remains stationary.
1S3S, January 23, discharged.

1S3S, Jannarv 1, discharged.

1S39, January 1, remains stationary.

1839, January I, remains stationary.

1838, May 15, discharged.

1839, January 1, remains stationary.

1838, July 19, died,dropsy,

1S3S, May 30, discharged.

1839, January 1, remains sationary.
1838, May 5, died, atrophy.

1S39. January 1, remains stationary.

Scott,

Henry,

Scott,

Mississippi,

Fayette, -

Trigg,

Warren, -

Muhlenburg.

Barren,

Tennessee,

Meade,

Spencer, -

Mason,

Hopkins, -

Alabama, -

Barren,

Nicholas, -

Mason,

Madison, -

Fayette,

Hart,

Green,

Casey,

Alabama, -

Madison, -

Scott,

Clarke,

Henderson,

Mania,

Catamania.

Mania,

Idiocy,

Mania,

A potu,

Mania,

Idiocy,

Mania,

A potu,
Mania,

Date of reception.

Disease.

Sex.

Age.

1S37

October 21,

Mania,

October 23,

Mania,

October 27,

Mania,

October 28,

Mania,

October 28,

Mania,

October 28,

Mania,

November 1,

Epilepsy,

November 25,

Mania,

November 27,

Mania,

December 11,

Mania,

December 14,

Mania,

December 17,
December 25,

Mania,

December 29,

Epilepsy,

1838

January 2,

Mania,

January 15,

Epilepsy,

January 15,

Mania,

February 15,

Mania,

March 1,

Mania,

March 3,

Mania,

starch 8,

Epilepsy,

“

- I

March 16. - I Mania,

A—Continued.

County. No. Remarks.

Clarke, - G13 1838, April 16, died, consumption.

Hardin, - 614 1839, January 1, remains stationary.

Jessamine, 615 1S3S, June 12, discharged.

Perry, - 616 1S38, February 13, restored, but eloped.

Jefferson, - 617 1S39, January 1, remains stationary.

Bracken, - 618 1S38, April 7, restored, but eloped.

Bracken, - 619 1S38, January 15, died, fits.

Allen, - 620 1838, April 30, died, atrophy.

Alabama, - 621 1S39, January 1, remains stationary.

Christian, - 623 1839, January 1, remains stationary.

Illinois, - 624 1S39, January 1, remains stationary.

Jefferson, - 625 1939, January 1, remains stationary.

Christian, - 626 1S38, July IS, eloped.

Fleming, - 627 1839, January 1, remains stationary.

Jefferson, - 628 1S3S, February 22, died, inflamation.

Hardin, - 629 1839, January 1, remains stationary.

Alabama, - 630 1839, January 1, remains, restored.

Alabama, - 631 1S39, January 1, remains stationary.

Nelson, - G32 1S3S, June 27, discharged.

Bath, - 633 1S3S, May 26, discharged.

Monlg°mery 63-'<? 1S39, January 1, remains stationary, works

306

March 8,

Epilepsy,

I 21 I iYX o tgo ra e i'_y j

remains stationary, works.

183S, March 30, discharged.

Ohio, - I

Missouri, - I

Bracken,

Livingston,

Tennessee,

Fayette, -

Barren,

Clarke,

Bullitt,

Whitley, -

Clay,

Illinois,
Clinton,
Nicholas, -
Meade,
Boone,
Warren, -
Monroe, -
Alabama, -
Indiana,
Boone,
Mason,
Clarke,

Ohio, (State,)
Harrison, -
Livingston,
Fleming, -
Louisiana, -
Fayette, -
Indiana,
Spencer, -

Mania,

Epilepsy, -

A potu,

Epilepsy, -

Melancholia,

Catamauia,

Mania,

Hysterics,

Mania,

Epilepsy, -

Monomania,

Epilepsy, -

Idiocy,

Melancholia.

Catamania,

A potu, -

Catamania,

March 16,
March 21,
March 23,
March 26,
March 26,
March 26,
April 7,
April 10,
April 11,
April 20,
April 22,
April 24,
April 25,
April 30,
May 16,
May 23,
May 25,
May 2S,
May 28,
May 30,
May 31,
June 5,
June 8,
June 12,
June 15,
June 30,
July 9,
July 13,
July 13,
July 20,
July 26,

307

Date of reception.

Disease.

1838

July 26,

July 27,
August 7,
August 16,
August 20,
September 25,
September 25,
September 25,
October 3,
October 4,
October 4,
October 16,
October 19,
October 19,
October 23,
November 8,
November 10,
November 10,
November 14,
November 14,
November IS,
November 21,
December 15,

- Catamania,
Mania,

A potu, -
Melancholia,

- Melancholia,
Melancholia,

- Melancholia,
Mania,

- Epilepsy, -

- A potu, -
Melancholia,

- Melancholia,

- Melancholia,
Mania,
Mania,
Mania,
Mania,
Epilepsy, -
Idiocy,

- Epilepsy, -
Mania,
Mania,
Melancholia,

A—Continued.

County.

No.

Tennessee, -

666

Breckinridge

667

Mason,

668

Alabama, -

669

Christian, -

670

Casey,

671

Green,

672

Madison, -

673

Whitley, -

674

Jefferson, -

675

Jefferson, -

676

Indiana,

677

Bath,

678

Indiana,

679

N. Carolina,

680

Fayette,

6S1

Mercer,

6S2

Nelson,

683

Fayette, -

684

Owen,

685

Boone,

6S6

Alabama, -

6S7

Henry,

6SS

Ee.ii

ARKS.

1S39, January 1, remains stationary.

1139, January 1, remains stationary.

1S39, January 1, remains improved, works.
1S39, January 1, remains stationary.

1S39, January 1, remains stationary.

1839, January 1, remains stationary.

1S39, January 1, remains stationary.

1538, December 29, died, atrophy.

1839, January 1, remains stationary.

1839, January 1, remains improved.

1838, November 28, eloped.

1839, January 1, remains improved.

1S3S, January 1, remains stationary.

1839, January 1, remains stationary.

1539, January 1, remains stationary.

1839, January 1, remains stationary.

1S39, January 1, remains stationary.

IS39, January I, remains stationary.

1S3D, January 1, remains stationary ,

1 OOn T__

80 S

ooo i looJ, January 1 , remains stationary.

6S9

690

Spencer,

Bourbon,

1839, January 1, remains stationary.

1839, January 1, remains stationary,

Mai

December 27,

December 31,

remain.

Males,

Females,

Total,

Table No. 1

Showing the State of the Asylum, during the year 1S3S,

RECENT CASES.

IDIOTS & EPILEPTICS,

TOTAL.

Remained, December 31,1837, -
Admitted, duiing the year 1838,

Total in Asylum, during 183S, -

Of whom have died,

Been discharged,
Eloped, improved,

Total Deaths, recoveries, &c.

Which, being deducted from the
number in Asylum during 1838,
leaves, remaining 1st January,

Table No. 1 —Continued.

STATE PATIENTS.

BOARDERS.

TOTAE.

Males.

F em’s.

Total.

Males.

Fern’s j

Total, j

Of the preceeding,
there were,

120

176

Of whom—

Discharged by recov¬
ery, elopement, or
death,-

122

Males.

Fern’s.

Total.

Males.

Females.

Total.

Per cent.

Of the old cases, -were
discharged, -
Of the recent cases,
were discharged, -
Of the old cases, died,

10.41

71.42
12.50

1.S1

2S.57

16.36

5S2

54.28

14.56

Of the recent cases,
died, - - -

9.52

21.42

14.22

312

Table No. 2.

Showing the monthly Admissions, Deaths, and Discharges in 1838.

MONTHS,

Admitted

Died.

Discharg¬

ed.

R main’d
at end of
month.

Average No
in house
each month.

Remained, Dec. 31,

1S37, - • -

113

January,

112

111.096

February,

109

110.250

March,

116

111.580

April, - - -

120

116.S33

May,

119

117.322

June, ...

118

117.266

July, - - -

121

11S.193

August, -

—

120

121.064

September,

117

117.133

October, -

120

118.383

November,

—

124

123.266

December,

122

122.709

Average, -

—

117.091

Table No 3.

Showing of what Diseases the Patients have died.

DISEASE.

Males.

Females.

Total.

Atrophy,

Consumption,

—

Dropsy ...

Dysentery,

—

Fits,

Inflamation,

Smallpox,

. Counties

Table No. 4.

and States from which the patients were sent , and the number of

each.

Names.

Allen,

Anderson, -
Bourbon, -
Barren,
Bracken, -
Breckinridge,

Bath,

Boone,

Butler,

Bullitt,

Clarke,
Campbell, -
Christian, -
Casey,

Cumberland,
Caldwell, -
Clay,

Clinton,
Calloway, -
Daviess,
Fayette,
Franklin, -
Fleming, -
Garrard,
Green,
Greenup, -
Grayson, -
Grant,
Gallatin, -
Harrison, -
Henry,
Hardin,
Hopkins, -
Hart,

Harlan,
Hickman, -
Henderson,
Hancock, -
Jefferson, -
Jessamine, -
Knox,
Logan,
Lincoln,
Livinsgton,

Names.

Laurel, -
Lewis, -

Mercer, - - - -

Mason, -

Madison, - - - -

Montgomery, -

M’Cracken, -

Monroe, -
Morgan, -

Meade, - - - -

Muhlenburg,

Nelson, -

Nicholas, ...

Owen, -

Ohio, -

Pendleton, -

Pike,

Perry, -
Pulaski, -
Rockcastle,

Shelby, -
Scott, -

Simpson, ------

Spencer, -
Todd, -
Trigg,

Woodford,

Warren, -

Washington,

Wayne,

- Whitley,

States of Tennessee, - 9

Alabama,, - 10

Mississippi,

Louisiana, - 2

Ohio, - 4

Indiana, - 8

Illinois, - 4

Missouri, - 2

Territory of Ouisconsin, 1

North Carolina,

■ i ■

[App. to S. J.]

Table No. 5,

Showing the admissions, discharges, and deaths for 14 years, distinguishing the sexes,

SEX,

Admitted.

Discharged.

Died.

Remains.

Per cent, dis¬
charged.

Per cent. died.|

Per cent, re¬
main.

Males,

420

218

155

51.90

36.90

11.19

Females,

207

2S.01

40.09

31.SS

Total, -

627

276'

238

113

44.109

37.958

18.022

314

Tat*lk No. 6.

the admissions, discharges and deaths in each year, from the opening of the Asylum in 1824, to ls< January, 1838,
and the relative proportion the two latter hear to the first.

Showing

Total in
house.

Average

number.

Remain'

Per cent.

Propor’n

Per cent

Proportion

discha’d.

disch’d,

died.

died,

one in

24.07

4.15

3.07

27.00

19.23

5.20

8.97

11.14

19.10

5.23

4.49

22.25

20.75

4.81

12.26

8.15

11.32

8.S3

S.49

11.77

9.52

10.50

17.46

5.72

15.44

6.47

13.00

7.6S

13.74

7.27

S.39

11.90

17.80

5.61

10.27

9.73

9.79

10.21

41.96

* 2.3S

22.31

4.4S

8.26

12.10

17.3S

5.75

15.21

6.57

16.00

6.25

17.33

5.76

19.64

■ 5.09

13.09

7.63

Admit¬

ted.

Dischar¬

ged-

~" r

Died.

. 2

627

276

23S

316

Table No. 7.

Showing in what months the deaths occurred.

III

Table No. 8.

Showing the time the present patients have been in the Asylum,.

Period.

Males.

Females.

Total.

Over fourteen years,

Over thirteen years,

Over twelve years,

Over eleven years.

Over ten years,

Over nine years,

. 2

Over eight years,

Over seven years,

Over six years,

Over five years,

Over four years,

Over three years,

Over two years,

Over one year,

Less than one year,

• *

122

17
23
26

18
25
12

- 121

— 74
43

In September,

In October,

In November,

In December,

In Jannary,

In February,

Fall and winter,
In March,

In April,

In May,

In June, - •

In July,

Jn August,

Spring and summer,
Of cholera,

Total,

Table No. 9.

Showing the civil state of the patients,

Married,

single,

Widowed,

Table No. 10,

the Income and Expenditures of the Asylum from May 1, 1824
to January 1, 1838.

DISCHARGE.

Charge.

Provisions

Clothing,

Furniture,

Salaries,

Medicine,

Fuel, -

State appropriations.
Boarders,

Conveyance,

Extras,

Repair's,

Discount on Com
paper, 1833-’34, -
Buildings,

Balance due by boar¬
ders,

Balance due by chair¬
man,

Males.

Females.

Total.

112

176

318

Table No. 11.

Showing the Quantity and Value of the various kind of Provisions pu r

chased in 1838.

Dollars Ct$.

Beef, 13,91S pounds, - 465

Pork, 14,502 pounds, ----- 618 8S*

Butter, 1,19S| pounds, - 195 gjj

Flour, 15,979 pounds, - 398 97 ?

Meal, 563| bushels, - - - - . 2S1

Eggs, 16 U dozen, - - - . . 14 yj

Rice, 247 pounds, - 20 51

Turnips, 36 bushels, - 12 00

Potatoes, 67 bushels, ----- 45 371

Salt, 41 i bushels, - - . - . . 36 571

Sugar, 3,916 pounds, - 407 49 "

Coffee, 1,488 pounds, - 335 97

Tea, 51 pounds, ----- 47 49

Molasses, 1091 gallons, ----- 68 25

4 cows and 5 shoats, ----- 61 50

Rent of pasture, ----- 50 00

Sundry small articles, ----- 34 gji

2,993 35!

Receipt and Expenditure of the Lunatic Asylum, for the year ending December 31, 1838.

Charge.

Discharge.

December 31, - To balance on hand, per last

report, - $842 07J

1838. To State appropriation, - 5,000 00

To cash received for board of
patients, - 4,828 61

By amount paid for—
Provisions,

Clothing, -
Furniture and bedding,
Salaries,

Medicine & attendance,
Fuel,

Conveyance,

Extras, - - ■

Repairs,

Insurance and improve¬
ments, -

By balance in Chairman’s
hands, -

$2,993 35|
1,287 51
846 46*
1,255 7S
341 88
•2,3S6 70*

469 93 £2

422 074 °

214 074

417 92*

10,670 68*

34 98-ij
$10,670 684

January 1, - To balance brought down,

Lexington, January 1, 1839.

E. & 0. E.

S. CII1PLEY,

R. HIGGINS,
JER’H KIRTLEY.

The Joint Committee on Banks have examined, in person, the Bank of
Kentucky, and the Lexington and Frankfort branches thereof, also, the
Northern Bank of Kentucky and the Louisville branch, and the Bank of
Louisville, the Louisville Savings Institution, the Mechanics’ Savings Insti¬
tution of Louisville, and the Louisville Gas and Water Company. They
sent to all said Banks questions, in writing, and to the branches of the Bank
of Kentucky and of the Northern Bank of Kentucky, questions in writing,
with a request they should be answered by some two or three officers of each
Bank and branch, under oath. They have received from all the Banks, and from
the branches of the Bank of Kentucky, and of the Northern Bank of Ken¬
tucky, written responses to the several questions, under the oaths, of the
officers, as required. They have, also, received the monthly reports of the
Banks to the Secretary of State, from which they have caused to be compil¬
ed tables, exhibiting the condition of each of the Banks and branches at the
close of each month for the year 1S3S, and have caused a general consoli¬
dated table to be compiled, exhibiting the condition of all the Banks in the
Commonwealth, at the close of each month for the same time; and they
caused other tables to be compiled, intended and calculated, in their opin¬
ion, to facilitate the understanding the condition and operations of the Banks
of Kentucky for the past year. They would recommend that the written
questions put to the Banks, and their written responses, with the tables fur¬
nished to explain the responses, and the tables which the committee have
caused to be compiled, shall be printed for the information of the two houses,
and the public.

From an examination of the report of the Joint Committee on Banks, at
the last session, it will be seen that the specie in all the Banks in Kentucky,
on the 30th day of November, 1S37, was $1,937,160 67; and the notes of
all the Banks in circulation, was $3,414,885 00. And from an examination
of the tables, now presented, the specie in all the Banks, on the last of De¬
cember, 1S38, was $1,613,383 83, and the notes in circulation, $5,41S,320,
being a decrease of specie to the amount of $324,026 S4, and increase of
circulation to the amount of $2,003,435. It will also be seen, that on the
41 [App. to S. J.]

&)th November, 1837, the combined discount and bill lines amounted is
$10,441,340 S4; and from the present tables, that on the last of December,
183S, the combined note and bill lines amounted to $12,017,347 S3, being
an jnnvoagg gf sggersmcdstion to the business ol the country,- ot $1,5T6,-
006 99 From the same tables, it will be seen that the Bank ol Kentucky
increased her business, $272,093 93, and has increased her circulation,
$613,004; and that she has paid to the government^ ofttie. United (Mates,
on account of public deposits, and to the Bank i.f —
count of a debt due that Bank, $ 1,07b, 1 17 21, leaving a

263 34. It also appears t-

$944,479, and has incn

of Nov. 1837, 1 ICt iiw LV^O UUUVI. -7

of December, 1S38, $2,049,760 44, being
her bills, on the 30th ol November, 1 S3 /,
ofDecember, 1S3S, was
L .....

isville had $932, -- —-- - . hmhooio

cember, 1S38, she had $1,05S,340 78, being an increase of $126,213 00

and in 1837 she had $1S6,3/ / /? i" n '

1838, she had $344,531 15, bein;

,f the United States, on ac-

^_ _ _ 1 ‘ ig a balance of $302,.

the Northern Bank has increased her circulation,
^ greased her business, $936,747 46. That on the 30th
her notes under discount, was $2,410,614 65, and on the last
‘ ig a decrease of $370,S54 21; and
was $527,936 04, and the last
$1,835,537 02, being an increase of $1,307,570 96.
It will also be seen, that on the 30th November, 1S37, the Bank of Lou-
,525 71 of notes under discount, and that on the first ofDe-
~ KtG 7G, buing an increase of $126,213 00;
had $186,377 73 in bills, and that on the last of December,

~ - ’ ' ig an increase of $158,153 42 ; and her

circulation was then $99,545, and was the last of December $468,514, be-
ing an increase of $369,019; and she then had $153,069 95 ^ specie an
had on the last ofDecember $142,946 61, being a decrease of $10,123 34.

The committee have no means of ascertaining the true proportion be-
tween the annual amount required by the community in its banking opera¬
tion in the bill line, and in the discount line. They know the amount will
vary in each year, because of the increase and decrease of the prices of pro-
duce ; and it’s reasonable to suppose that the suspension and interruption of
trade would have some effect on the different lines of business, but still
they suppose it could rarely happen that the requirements of trade in the
bill line, would equal the business in the discount line. _ They cannot be
mistaken in asserting, as a general principle, that the business ol the Banks
ouo-ht not to be forced into the bill line, and that any constraint on the part
of “he Banks to force the business of their customers into that line, would
be an infraction of their charters, and a violation of the duty they owe the

It will be seen from the tables, that on the last of December, the notes
under discount, in all the Banks, was $7,951,014 34, besides the suspended
debt; and the bills of exchange was $4,066,333 49; and that the bills o!
exchange constitute about one third of the business of the Banks. 1 he
subiect^of exchange is one of great interest to the Banks, and to the people;
the commerce of "the world is carried on, and the balances due from one
country to another settled through its agency. The course of our own trade
illustrates its operation: We sell our bale rope and bagging, and most ol
our other productions, in the south, and with the proceeds purchase bills on
the eastern cities, and thus pay for the merchandise which we buy in the
north; to the south we sell more than we buy, and the trade is in oui iavoi
from the north we purchase more than we sell, and the trade is against us
the balance in our favor from the south, pays the balance against us in the
north; the payments are made through the agency ot bills ol exchange
the price of exchange is the cost of transporting the money from one place

323

t0 t j ie other, and cost of insurance, and the loss of interest. When the
currency is sound, and the trade healthy, the consuming country pays the
exchange; but where the currency is unsound, and the trade a loosing one,
the reverse is the case. The Banks furnish the money to our southern tra¬
ders on their bills, payable in the south, and invest the proceeds in bills on
the north, and by drawing bills on the north in favor of our merchants, pay
for our merchandise, and retain their specie, which would otherwise pass to
the north in payment of the balance against us. Thus its seen that exchange
is essential to a Bank of circulation, otherwise it must import specie to meet its
waste, in payment of the balances against us in favor of the countries from
which we purchase more than we sell; and it is highly interesting to the people
for the ease and security it affords in carrying on the mercantile operations
of the country. The committee have examined the Banks as to the opera¬
tions in exchange, and the price which they have charged, and the various
places on which they purchased bills, and have caused a table to be compiled
for the more readily understanding it. The variations to be found in the
premiums charged on bills on the south, arose from the suspension of specie
payments, and the fact that the paper of the Banks in the south was more
depreciated than our own. These bills had to be collected in the notes ol
the southern Banks, and when so collected, a greater discount had to be
viven for specie, or eastern funds, than the premium received ; and the un¬
certainty whether the premium, at which our Banks could sell their eastern
funds, might not be sufficient to make up the difference and the loss of inter¬
est, and the further fact, that in times of suspension the tendency of a paper
currency, not convertible into gold and silver, is to a still further deprecia- ,

tion; to meet which, provision had to made in the premiums charged. It is
satisfactory to see, that so soon as a resumption of specie payments was de¬
termined on in the south, that the Banks of Kentucky reduced the premi¬
ums on bills. The committee are of opinion that the Banks of Kentucky
are not liable to the imputation of practising usury, under pretence of charg¬
ing premiums on exchange, but that the premiums charged, under the cir¬
cumstances, was not more than a fair equivalent for the risk run. 1 he
Banks will realize a profit on the southern funds, not invested before the re¬
sumption in the south, but had the resumption not taken place, they might
have lost, and could have realized but little profit. The Banks might prac-
tice usury under color of exchange, and the rates at which they buy and
sell exchange should be carefully looked to, and the Banks preserved from
the taint of usury, by a fixed determination on the pait of the lepiesenta-
tives of the people to keep them within the pale of their charters. The
Banks might also practice usury by discounting notes, to be paid in the notes
of Banks °vhich are under par. There has been some instances of it, in the
practice of our Banks, as will be seen by a careful examination of the writ¬
ten questions and responses. It is a practice which ought not to be tolera¬
ted, and which must de discontinued. The committee are of opinion, horn
the parol examinations they made of the officers ot the Banks on the sub¬
ject, that it arose from no settled purpose ot practising usury, and will be
abandoned on the expression of the disapprobation of the Legislature.

In the parol examinations which the committee made of the officers of the
several Banks, they ascertained that the Northern Bank of Kentucky, the
Bank of Louisville, and the Louisville Savings’ Institution, considered that
they had the right, under their charters, to sell bank notes at a premium,

and thus to use them as exchange, and that they were in the constant habit
of doing so; but when examined as to their right, under their charters, t 0
purchase bank notes under par, and thus use them as exchange, they did not
express a full conviction of the power, and declared that it was not then-
practice. It was ascertained the Bank of Kentucky had taken counsel on
the questions, and considered they had no power to purchase bank notes un¬
der par, or to sell them above par, and had not practiced either. The com¬
mittee, in their parol examinations of the officers of the Banks, examined
them as to their opinions of the advantages and disadvantages of such a pow¬
er, and found a difference of opinion prevailed.

They have been induced to bestow some-attention upon the question, and
the more, they have examined it the more has the importance ol a correct
decision impressed itself on their judgment.

It seems to the committee that Banks are nothing more than mercantile
establishments dealing in money, and authorized, to a certain extent, to sub¬
stitute their own notes in its place, and with their capital and their credit,
to furnish the means and facilitate the exportations of the surplus of the
country, and the importation of the articles required for its consumption.
From an examination of the Bank charters, they find their powers limited
to this extent, although broader powers seemed, from some expressions, to
have been at first contemplated. They are authorized to deal in money,
and to substitute their own notes for money. They are authorized to dis¬
count promissoy notes, but such notes must be made payable and negotia¬
ble at some incorporated Bank in the State ; the common promissory note
of an individual they cannot discount; and a bank note is but the promisso¬
ry note of a corporation. They cannot discount a negotiable note after it
falls due, although it remains unpaid ; and a bank note is due on demand,or
on demand after a certain day, and not the subject of Bank discount. They
are authorized to deal in exchanges, but a bank note is not exchange ; it was
sent into the world as mouey, and if it fulfils itsmission, it must be taken and
held as money. In judicial proceedings, a payment in bank notes is held a
payment in money; and an action for money had and received will be sus¬
tained, where the proof is, that bank notes was received. By the practice
and consent of mankind, bank notes are taken and held as money, and are
substituted by the Banks as such. If they are not circulated and used as
money, they must be degraded to the condition of common promissory
notes, and as such prohibited to the Banks. When individuals receive bank
notes in payment of debts, they receive them as money ; and when Banks
receive them in payment of debts, they, also, receive them as money.
They remain in the Banks as money, and as such, must be paid out by the
Banks; for the Banks have no authority to deal in them, except as money.
The committee are of opinion that the practice of selling bank notes, at a
premium, is not warranted by the charters of our Banks, and that the pur¬
chasing Bank notes, at a discount, is also prohibited, and that neither should
be practiced.

They believe that the power, if possessed and practised by the Banks,
would degrade the institutions from dealers in money and exchange, to that
of brokers and shavers ; that they would no longer be the hand-maids of
agriculture, manufactures and commerce, interested in maintaining a sound
currency and a healthy action in all the business pursuits of life, but would
be harpies, fattening on the disorders of the currency, and interested in

. fluctuations; they would no longer furnish efficient aid to the business
1 ursuits of life, but would use their capital, and their credit, in buying and
sellin" the notes of each other, in total disregard of the object of their es¬
tablishment, and to the destruction of the best interests of the community.

The money of the Banks is kept active, the loans well secured, and lat¬
terly distributed among alarger number of customers. The postponed debts
are but few, and in a course of reduction, in accordance with the terms on
which time was given; and in almost every case, the payments have been
promptly made. The Banks appear to be well managed, with fair dividends
to the stockholders, and to afford efficient aid to all the business pursuits of
life. The monthly tables exhibit but little variation in the amount of ac¬
commodations on the combined discount and bill line, and that variation
crows out of the periodical increase and decrease of the business of the
country. The diminution of specie has been less, considering the amount
of debt paid and the sums required to supply change for the ordinary busi¬
ness of the country, than might have been expected. The Banks availed
themselves of the privilege, granted at the last session, of issuing small notes
to about the sum of $300,000, and the issue was found to be of great ad¬
vantage for the purposes of change, before the resumption, and since the re¬
sumption, has supplied the change for much of the ordinary business, and
prevented a draft on the Banks to supply specie for that purpose. The Banks
no longer pay out their own small notes, and they are in the course of with¬
drawal from circulation, and will be replaced with specie. The increased
circulation of the Banks will be maintained by the active character of the
debts due the Banks, and from the high prices which we are getting for all
our products, which must bring a large amount of eastern exchange to pay

326

The commmittee, also, examined the Louisville Gas and Water Company
with the view of seeing the capital stock with which the company was or¬
ganized, and what arrangement they had made, or were likely to make, to
light the city with Gas.

All which is respectfully submitted.

JAMES GUTHRIE,

A. BEATTY,

DAVID TRIMBLE,
JOSEPH LECOMPTE,
ELEZEMOND BASYE,

B. H. REEVES,

Senate's Com.

>Ii. R. Com.

DOCUMENTS, &c,

CONSOLIDATED STATEMENT, showing the Resources and Lia¬
bilities of all the Banks in Kentucky, each month, from the lsC day of
January, to the 31 st day December, 183S,

RESOURCES.

1S3S.

Bills discounted.

Bills of exchange.

Suspended debt.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

8,265,706 74
8,304,831 52
8,511,965 11
S,5S9,602 02

8.602.196 91
8,491,078 81
8,361,143 60
8,444,916 18

8.374.196 41
8,374,532 74
8,263,453 41
7,951,014 34

1,921,980 12
1,712,004 21
1,679,813 95
1,713,23S 29
1,536,106 03
1,646,486 61
1,637,591 95
1,846,042 95
2,358,494 52
3,245,549 87
3,758,752 14
4,066,333 49

127,147 48
130,2S8 25
89,153 07
89,403 41
86,553 92
89,00S 99
89,1S8 99
90,230 44
146,054 19
83,290 77
77,401 66
105,223 S7

1S3S.

Real estate.

Expenses.

Due b) r other
banks.

January,

February,

March,

April,

May,

June,

July, -
August,

September,

October,

November,

December,

213,7S7 31
213,793 3S
214,947 34
215,764 2S
215,764 2S
215,920 15
215,920 15
216,020 15
216,147 55
221,671 46
222,316 71
224,264 51

11,724 47
20,693 54
30,142 03
37,336 24
43,390 00
8,232 95
7,842 04
16,134 61
23,706 70
30,605 86
3S.163 OS
4,551 72

I___

1,822,782 59
2,042,272 85
1,567,896 21
1,4S0,063 S3
1,702,728 4S
1,847,127 99
1,924,588 24
1,684,956 45
1,376,299 02
1,257,229 52
1,055,231 17
'■ 1,394,183 10

32S

Consoudatei) Statement —Continued.

RESOURCES.

183S.

Specie on hand.

Notes of other

State and Citv

Banks.

Bonds. '

January,

1,809,793 IS

833,162 82

F ebruary,

1,805,881 03

971,159 17

2,375’,000 So

March,

1,827,431 41

831,099 69

2,375,000 on

April,

1,850,685 S3

969,702 37

2,385,000 On

May, ...

1,908,537 95

940,544 S5

2,510,000 00

June, -

2,027,304 SI

690,476 26

2,510,000 00

July, -

1,966,514 86

SSI,302 43

2,510,000 00

August,

1,723,546 42

730,293 S5

2,510,000 on

September,

1,678,781 18

741,848 45

2,510,000 00

October,

1,663,364 11

946,901 04

2,510,000 00

November,

1,604,992 7S

839,042 15

2,510,000 00

December,

1,613,133 S3

861,798 72

2,510,000 00

1838.

Bank checks

Treasurer of

Interest account

unpaid.

the State.

January,

171,676 42

February,

66,883 96

March,

193,295 26

4,118 15

21,162 99

April,

82,095 18

4,117 85

20,625 00

May, -

143,717 S5

—

20,735 67

June, -

61,315 SS

52,500 00

July, -

43,S92 69

August,

27,810 79

September,

15,527 00

October,

14,777 00

November,

27,330 S5

13,S63 22

December,

26,S84 75

451 48

31,000 00

1S3S.

City of Louis-

Certificate of de-

Costs of suits.

ville.

posite, Vicksburg

January,

244 73

February,

415 13

March,

April,

May, -

1,308 83

June, - -

8,090 46

July, -

163 56

August,

692 16

September,

907 73

9,389 9S

7 75

October,

702 3S

9,389 98

November,

1,478 64

December,

1,137 41

111 54

ue from Sup,
on rivers.

Total,

Consolidated Statement— Continued.

RESOURCES.

February,

Interest paid Suspence Premiums. | Protest acc’t,

Bank U. S. account.

231 14

November,

December,

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

9,219 04

13,750 00
13,750 00
8,763 13

766 59
1,009 79
1,009 79

State of Ky.

Int’st on

dep’te & exp’s.

704 IS

1,234 80

—i

1,474 52

—

2,315 93

3,060 53

—

3,344 95

■ 1,196 25

2,322 21

2,66S 61

3,820 SI

—

4,31S 04

4,634 01

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

2,41 £ 55

1.326 57

6.326 57

6,326 57

17,620 07
4S 00
48 00
93 50
41 00
41 00
41 00
41 00

City of Louisville Bank notes and
Sinking Fund. silver.

27,5S9 08
25,631 41
20,073 92
25,903 67
23,473 58
46,494 24
25,056 61
20,31S 42
194 53 29,259 OS

33,704 53
26,580 01
40,426 65

Cash in
transitu.

4,981 01
4,981 01

17,5.S8,692 68
17,676,629 63
17,373,901 88
17,472,180 47
17,764,957 99
17,697,430 10
17,664,449 37
17,313,378 13
17,497,273 70
18,410,097 66
18,452,737 IS
18,861,200 28

Consolidated Statement.

Individual

Deposits.

January,

February,

March,

April,

May,

June,

July,

August,

September

October,

November.

December,

777,347 92
761,380 02
709,189 69
700,904 40
727,063 90
566,295 18
747,506 57
461,097 76
155,816 45
177,842 22
193,416 43
33S,946 70
Contingent
ind and Profit
and Loss.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

243,240 30
243,240 30
243,246 30
243,251 70
243,251 70
304,022 37
230,710 98
229,176 3S
229,176 38
229,176 3S
229,176 38
360,089 92

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

Capital Stock.

Notes in
circulation.

S,634,644 36
8,659,604 60
8,664,929 60
8,666,920 60
8,683,510 60
8,731,155 60
8,758,227 60
8,773,423 60
8,77.671S 60
8,822,925 00
8,864,990 00
S,918,004 00

4,088,310 00
4,187,735 00
4,092,635 00
4,139,935 00
4,279,303 00
4,507,170 00
4,526,220 00
4,350,876 00
4,634,647 00
5,251,886 00
5,331,454 00
5,418,320 00

Due to
other Banks.

Due to the
Treasury of the
State.

1,080,780 30
1,061,330 58
1,202,050 86
1,072,028 58
948,255 03
75S.SS5 64
643,504 75
611,S10 59
706,945 06
896,060 15
897,912 10
1,029,467 40

SS,076 30
33,122 S6
22,645 86
15,027 07
175.84S 72
65,709 53
33,550 21
25,761 83
6,S31 80
3,340 65
4,872 20
69,967 45

Due Commis¬
sioners of Sink¬
ing Fund.

Due Treas.
of Internal
Improvement.

55,137 14
72,944 62
1,996 85
23,295 41
7,194 66
7,194 66
40,786 20
40,393 20
71,606 24
39,628 84
42,838 84
9,805 52

116,784 87
9,153 01

8,631 26
1,551 26
2,387 76
115,179 10
140,913 18
204,877 03
234,114 S2
179,820 69
245,744 84

Consolidated Statement— Continued,

LIABILITIES,

Board of educa¬
tion.

Bank of the U,
States.

Discounts and
premiums.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

District court U,
States.

Dividends un¬
claimed.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

Real estate fund.

James Clark,
Governor.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

232

Consolidated Statement— Continued.

LIABILITIES.

IS3S

Due State of
Kentucky.

Due State Gov¬
ernment officers.

Deposits at 4 per
cent interest.

January,

F ebruary,

March,

April,

May,

June,

July.

August,

September,

October,

November,

December,

.15,000 00

42,508 96
112,508 96
57,720 44
29,247 94
12S,449 94
32,124 94

41,590 61
41,798 61

45.230 61
61,090 61
59,397 65
57,092 05
56,732 30

60.231 71
66,563 71
67,668 71
63,S17 13
64,278 13

1S3S

Weekly deposits.

Due Treasurer
City Louisville.

Pt. & loss, disc’nt
exchange &intst.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October.

November,

December,

6,35S 00
6,852 50
2,054 50
3,137 00
4,918 75
8,896 75
4,990 75
2,082 75
2,100 00
5,7Q0 00
2,169 79
4,929 79

1,529 14
8S3 48

2,958 19
4,542 38
6,035 83
7,2S4 95
11,019 62
12,216 80
6,683 79
8,690 47
9,724 00
11,190 91
12,630 42
14,013 23

1838

CityofLouisville,
Sinking Fund.

Total.

January, ....

February, ....

March, ....

April, ....

May, ....

June, -

July, ....

August, ....

September, ....

Ociober, ....

November, ....

December, ....

2,795 25
3,324 90

1,529 72
3,608 05
10,199 53

17,588,692 63
17,676,629 63
17,373,901 88
17,472,180 47
17,764,957 99
17,697,430 10
17,664,449 37
17,313,378 13
17,497,273 70
18,410,097 66
18,452,737 18
18,861,200 21

ti/nlm 'm/.rcfi.cLsed Eazchamrc from January to December , lS‘3b.

Rates at which the several Banks in

BANK OF KENTUCKY

AT LOUISVILLE,

WHERE PAYABLE.

New Orleans,

Cincinnati, -
Madison and New Albany, -
Tere Haute,

Vincennes and Evansville,

St. Louis, - - - -

Philadelphia, New York, and
Boston, -
Pittsburg, -
Wheeling, -
Richmond, Va.,

Shawnetown,

Lexington, Maysville, Frank¬
fort, and Danville,
Greensburg, Hopkinsville, and
Bowlinggreen, -

November.

Rates of Exchange —Continued,

AT FRANKFORT.

• V

WHERE PAYABLE.

January.

February.

March.

April.

May.

June.

New Orleans, ...

3 to 5

Louisville and Lexington,

half

Cincinnati and St. Louis,

Within the State, -

half

Pittsburg, -

New York, -

—

City of Washington,

South Carolina and Geoigia, -

AT LEXINGTON*

New Orleans,

Alton, Illinois,

—

Cincinnati,

—

■ -

half

Washington city, -

half

par

half

par

—

do j

par j

—

YYithin the State,

half

half |

do |

half

3 to 5 2 to 3

half

par

half /

half .

5 5

1 1

half half

half

AT MAYSVILLE.

3 3 3 0 0 0

5 5 ----

half half half half half half

half half
half

half half

half

half half

half

half half half

AT DANVILLE, GREENSBIIKG, BOWLINGGREEN, IIOPKINSVILEE

The returns from these branches are not entirely full; the rates of exchange are, however, about the same as exhibited above

South Carolina,

St. Louis, -
Richmond, Va.,

Georgia,

Illinois, -

Philadelphia and Baltimore,

New Orleans,
Georgia,

South Carolina, -
Louisville, -
Lexington, -
Boston,
Philadelphia,
Pittsburg,
Richmond, Va.,
Charleston, Kena.,
Wheeling, -
Paris, -
Cincinnati, -
Baltimore, -
New York,. -

[App. to S. J.]

The rates of exchange at these branches are about the same as above exhibited.

Rates op Exchange —Continued,

BANK OF LOUISVILLE,

WHERE PAYABLE.

New Orleans,

Cinncinati,

Madison and New Albany,
Wheeling and Pittsburg,
Frankfort and Danville,
Hopkinsville, Bowlinggreen,
Greensburg,

Lexington, Maysville,

Terre Haute, Vincennes,-
Evansville,

St. Louis,

Charleston, and Richmond, Va
Shawneetown,

Philadelphia and New York,
Baltimore,

Baltimore,

LOUISVILLE SAVINGS’ INSTITUTION.

St. Louis,

Terre Haute,
Pittsburg,

New York, 4 months,
Philadelphia,

New York, 70 days,
Washington city, -
Cincinnati,
Shawneetown,
Madison,

Little Rock,

Yandalia,

Vincennes,
Lynchburg, Va.

Alton,

Milton, Ky.
Baltimore,

Lafayette, Indiana,
Paris, Ky.

Lexington, Ky.
Bowlinggreen, Ky.
Frankfort, Ky.
Petersburg, Va.
Evansville,

Versailles, Ky.
Lawrenceburg, Ind.
Maysville, Ky.
Covington, Ky.

par

1 h P m -
par
half

Rates of Exchange— Continued.

LOUISVILLE SAVINGS INSTITUTION.

WHERE PAYABLE

Bedford, Ind.,
Wheeling,

New Albany,

Quincy, Ill.,

Boston,

New Orleans,

Canton, Ind.,

Newark, N. J.,

Salem and Paris, Ind.,
Hopkinsville, Ky., -

2 n

half - half

half half half

2 2 2

^r-miAATTCs- SAVINGS INSTITNTION OF LOU1SVTCL.E.

MECHANICS’ SAVINGS INSTITNTION OF LOU1SVIELE.

Frankfort, - - *

Pittsburg, -
Vincennes, -
Cincinnati,

Steubenville, -
Evansville, Indiana,
Wheeling,

St. Louis, -
Alton, Illinois,

New Albany, -
Baltimore, -
Lexington, -
Paris, - - -

Bowlinggreen, Kentucky,

341

Classification of Debts at the sevaral Banks, from January 31, to December 31, 1833.

BANK OF KENTUCKY

AT LOUISVILLE.

Bills Discounted,

January,
February,
March, -
April,

May,

June,

July, -

August, -

September,

October,

November,

December,

3 over 50,000. 45,000 to 50,000

■Continued.

BANK OF KENTUCKY

AT LOUISVILLE.

Bills of Exchange

January,
February,
March, -
April, -
May, -
June,

July, -

August, -

September.

October,

November,

December,

BANK OF KENTUCKY

AT FRANKFORT.

Bills Discounted

September,

October,

November,

December,

35,000 to 40,000

Classification of Debts— Continued.

BANK OF KENTUCKY

AT FRANK!' OUT

Bills ol Exchange

February,

August, -

September,

October,

November,

December,

- •

January,
February,
March, -
April, -
May, -
June,

July, -

August, -

September,

October,

November,

December,

Classification of Debts —Continued.

BANK OF KENTUCKY—

AT LEXINGTON.

Bills Discounted,

Classification of Debts— Continued,

BANK OF KENTUCKY

AT LEXINGTON,

Bills of Exchange

January,
February,
March, -
April, -
May, -
June,

July,

August, -

September,

October,

November,

December,

r*H

+-»

35,000 to 40,000

Classification of Debts —Continued,

BANK OF KENTUCKY

AT MAYSVILLE.

Bills Discounted.

January,
February,
March, -
April, -
May,

June,

July, -

August, -

September,

October,

November,

December,

Classification of Debts— Continued.

BANK OF KENTUCKY

AT MAYSVIT.LE

Bills of Exchange.

January,
February,
March, -
April, -
May,

June,

July, -

August, -

September,

October,

November,

December,

I pfl

202 9S
231 112

244 11G

320 100

1838.

January,
February,
March, -
April,

May,

June,

July,

August, -

September,

October,

November,

December,

AT DANVILLE.

Bills Discounted.

Classification of Debts —Continued

BANK OF KENTUCKY

Classification of Debts — Continued,

BANK OF KENTUCKY

AT DANVILLE

Bills of Exchange

uecemoer,

1838.

January,
February,
March, -
April, -
May, -
June,

July,

August, -
September, -
October,
November,
December,

'irc*i

ueceuium.

•Continued.

Classification of Debt:

February,

September

October,

^November

December,

BANK OF KENTUCKY—

AT GREEXSBURG.

Bills of Exchange

oo.

Classification of Debts— Continued,

January,
February,
March, -
April, -
May, -
June,

July, -

August, -

September,

October,

November,

December,

BANK OF KENTUCKY

AT BOWLINGGREEN

Bills Discounted

Incl udes bil Is disco unted a nd bills of exc hange

144 39

154 40

Include s bills d iscount ed and bills of exchan ge.

170 36

171 47

■

Classification of Debts— Continued,

BANK OF KENTUCKY

AT BOWLINGGREEN,

Bills of Exchange

September,

October,

November,

December,

I-H

■*-*

■*->

©.

r—i

Classification of Debts— Continued,

BANK OF KENTUCKY

AT HOPKINSVILLE,

Bills Discounted

January,
February,
March, -
April,
May,

June,

July, -

August, -

September

October,

November,

December,

i o

icT

■*-*

•*-*

+->

trf

of Deuts —Continued.

BANK OF KENTUCKY

AT HOPKINSVILLE,

Bills of Exchange,

January,
February,
March, -
April, -
May, -
June,

July,

August, -

September,

October,

November,

December,

Classification of Debts— Continued.

NORTHERN BANK OF KENTUCKY—

AT LEXINGTON.

Bills Discounted,

January,
February,
March, -
April, -
May, -
June,

July, -

August, -

September,

October,

November,

December,

■SEEmHEEEH

■

lontinuei

NORTHERN BANK OF KENTUCKY

AT LEXINGTON.

Bills of Exchange.

January,
February,
March, -
April, -
May,

June,

July, -

August, -

September,

October,

November,

December,

100 to 500

500 to 1,000

Classification of Debts— Continued.

NORTHERN BANK OF KENTUCKY—

AT LOUISVILLE.

1838.

Bills Discounted.

100 to 500

000‘I °l OOS

1,000 to 5,000

5,000 to 10,000

10,000 to 15,000

15,000 to 20,000

2;',000 to 25,000

4-*

O'*

30,000 to 35,000

35,000 to 40,000

40,000 to 45,000

45,000 to 50,000

January,

February,

—

' —

March, -

—

April,

—

May, -

—

June,

—

July, -

102

—

August, -

—

September,

167

104

October,

- ■

102

November,

100

2 1

December,

107

2 1

3 )

1 J

1 I

Classification of Debts— 'Continued.

Classification of Debts— Continued.

NORTHERN BANK OF KENTUCKY—

AT LOUISVILLE.

Bills of Exchange

February,

° September
October,
h" November,
December,

Classification of Debts —Continued,

NORTHERN BANK OF KENTUCKY

AT COVINGTON,

Bills Discounted

January,
February,
March, -
April, -

August, -

September,

October,

November,

December,

r,T.*fisrpicATlON of Debts- Continued,

Classification op Debts— Continued.

NORTHERN BANK OF KENTUCKY

AT COVINGTON.

Bills of Exchange,

February;

September,

October,

November,

December,

.~. ..

--w.

Classification of Debts — Continued.

Classification of Debts— Continued.

NORTHERN BANK OF KENTUCKY

AT PARIS,

Bills of Exchange,

January,
February,
March, -
April, -
May, -
June,

July, -

August, -

September,

October,

November,

December,

nno 01 hot 031CC Gicot-ooM«oo

UUti UU l L'* CO I—it—lr-li—I 1—I H O) H t!

Classification of Debts— Continued.

NORTHERN BANK OF KENTUCKY

AT LEXINGTON

Bills Discounted,

■Continued.

l-H

■*->

■*-*

+->

-*-*

©,

r —1

r-H

NORTHERN BANK OF KENTUCKY

AT RICHMOND,

Bills of Exchange,

January,
February,
March, -
April, -
May,

June,

July, -

August, -

September,

October,

November,

December,

Tt<

-4-i

Classification of Debts— Continued.

LOUISVILLE SAVINGS INSTITUTION.

AT LOUISVILLE.

183S.

Bills Discounted.

100 to 500

500 to 1,000

1,000 to 5,000

5,000 to 10,000

10,000 to 15,000

15,000 to 20,000

20,000 to 25,000

25,000 to 30,000

30,000 to 35,000

35,000 to 40,000

40,000 to 45,000

45,000 to 50,000

January,

February,

March, -

316

April, -

275

May, -

296

June,

282

July, -

306

August, -

306

September,

296

—

October,

291

November,

29S

1 .

December,

“

279

■Continued

BANK OF LOUISVILLE,

Bills Discounted,

January,
February,
March, -
April, -
May,

^ June,

^ July, -

L August, -
° September,
5° October,
November,
December,

- - ' -

1838.

;• -c3 -C3 O O O PJ g- g CD C/Q-Tg pi £3

January,
February,
March, -
April,

May,

June,

July,

August, -

September,

October,

November,

December,

QUESTIONS FOR THE BANK OF KENTUCKY

1st. Has the branches of the Bank of Kentucky complied with the second
and third sections of the act, approved the 16th of February, 1838, entitled
an act dispensing with quarterly, and substituting monthly, statements, and
providing for monthly balance sheets to be lodged with the Secretary of
State; and has the Bank of Kentucky complied with said sections?

' 2d. Will the reports of the Bank of Kentucky, to the Secretary of State,
exhibit the true condition of said Bank, and branches, at the close of each
month, from the 1st of January, 1838, to the 1st of January, 1839; and if
they will not, then exhibit such a statement in connection with your answer
to this question?

3d. Has the business of the Bank of Kentucky been transacted on good

and safe securities? _

__1 1__ j you made since your Bank went

and what amount of bad debts have been carried to the ac¬
hat other sums have been carried to said ac-

' 4th. What amount of bad debts have you made since y

into operation, --

count of profit and loss, and w

5th. What amount of debts due your Bank are considered doubtful?.

6th. Has the deferred debts in the Bank of Kentucky been reduced in ac¬
cordance with the terms on which they were deferred?

7th. Has that part of the capital employed in exchange, yielded a greater
profit than the part employed in direct loans, and if it has yielded a greater
profit, how much, or what per cent., and if it has not, why has it been em¬
ployed in exchange?

8th. Is there greater punctuality in paying bills of exchange, than m pay¬
ing notes discounted?

9th. Has the Bank, when applied to for a loan of money, ever refused,
by way of discount, and given it on bills of exchange, for the sake of the
exchange over and above the interest.

10th. Has the Bank purchased bills of exchange and taken off the interest
and exchange, with an Understanding that the bills were not to be sent for
collection, but were to be retained and paid at the Bank, at maturity?

11th. Has the Bank ever taken a greater rate of interest than one per
cent, for every sixty days.

12th. Has the Bank discounted notes, or bills of exchange, with an under¬
standing that the amount was to be taken in notes of less value than the
notes of your Bank?

13th. Why does your Bank charge one half of one per cent, exchange be¬
tween different places in your own State?

14th. Why has your Bank charged so high a rate of exchange on New
Orleans, and other places in the South?

15th. Has your Bank extended accommodations to the citizens of your
county and city, in preference to the citizens of other counties, when the
notes and bills offered from such other counties were equally good?

■nm

16th. Can you state and exhibit the aggregate amount loaned to citizens
of Louisville, and the aggregate amount to citizens of other counties, sepa.
rately?

17th. Has your Bank neglected to fill any vacancy in the Directory 0 f
the Bank or branches, and, if so, say how long the vacancy was suffered to
exist, and why?

18th* Has your Bank regularly counted the cash, and examined the bonds
of the officers, as required by your charter, and if you have not, say why it
was omitted?

19th. Has your suspended debt been promptly and carefully attended to
by your officers?

Bank of Kentucky, ,

Louisville , December 21, 1838. \

Gentlemen:

We beg leave to present you with the following answers to
the-several questions propounded to the Bank of Kentucky, in the orderin
which they are presented.

ANSWER TO QUESTION 1st.

The branches of the Bank of Kentucky have complied with the law allu¬
ded to, by furnishing monthly statements, and providing monthly balance
sheets. These have, by the branches, been sent to the parent Bank, where
they are embodied in the monthly exhibit sent to the Secretary of
State. The Bank of Kentucky has complied with said law, as understood
by us.

ANSWER TO QUESTION 2d.

The reports of the Bank of Kentucky, to the Secretary of State, exhibit
the true condition of the parent Bank, at the close of each month, and of the
branches to the last discount day of each month, to which period they are
made, and not to the last day of the month. The monthly statements of the
Bank of Kentucky, to 1st December, inclusive, have been forwarded to the
Secretary of State.

ANSWER TO QUESTION 3d.

We believe the business of the Bank of Kentucky to have been transacted
on good and safe securities that being always the first object of the Directo¬
ry. The circumstances of borrowers may, however, change, and, of course,
with them the security of the Bank.

ANSWER TO QUESTION 4TII.

We are not aware that in our business we have made any debts that may
be considered bad, and have, of course, carried none to account of Profit and
Loss. We have some debts, in suit, which may result in a loss, but to what
extent we cannot now determine.

of $905 92 to account of Profit and Loss, on a
The collection clerk mistook
“four months.” It was not paid by the party
, and for the error of this Bank, the Bank at Pitts-
t. In justification of the clerk, we will say that it
very close scrutiny to distinguish.

ANSWER TO QUESTION 5tII.

We have rarely had great
ing time to the parties, and
any doubt, we require addi-

have carried the sum ..

•emitted for collection from Pittsburg,
ards “two months,” for “four months,
on wnorn it was drawn
burg claimed the am
would have required

This question is, in etlect, met -

difficulty in securing our suspended debt, by gi
in the active debt due the Bank, where there 1
tional security, which is always promptly give

answer to question

The deferred debts due the Bank have generally been reduced in
ance with the terms on which they were deferred. We have, how
most instances, taken from the parties; tails o ^exchang^ w elhseciwed
payment of their debts, drawn on such points as the Bank wished t<

That portion of the capital of the Bank
a larger profit than an equal portion £
three fourths of one per cent. Bills ot J
mate business of the country, and the hi
ino- the cheapest means of collection.

answer to question oth.

aalitv in the payment of bills of exchange than
' ' Bank can rely upon the for-

;:i the latter. The reason is that, pay-
distant point, any aid, if given, is given

.. L g, or at which they origin-

own community custom, has
‘ re, either in the par-
the discount of new business paper, or oi bills of
rtailing her business, and does not
o-, provided the funds are distributed

of discounted notes, with the exception that a

mer, to an extent which it cannot upon t-

ment of the former being thrown at a <
by Banks other than that to which the bills be Ion:
ate, while in the payment of notes, by our -~
seemed to require whatever indulgence the Bank can gi\

tial renewal of old paper, in t---

exchange, which, while the Bank is not cui
require her means, is legitimate Banking, p
equally among the applicants.

ANSWER TO QUESTION 9TII.

This Bank has never refused money on regular loan, and afterwards given
it on bills of exchange, for the sake of exchange over and ab °^ mteres .
Bills of exchange, on particular points, are often desirable to a Bank, eithei
for the purpose of settling balances, or of creating Eastern 1 unds, al ™ a y s
quiredby our Banks, and it may have happened, as a necessary result, that

374

we have, in such cases, refused regular discounts, and purchased such hill
or it may have happened that we have refused regular discounts to tl,
whose accounts we considered sufficiently high already, and afterwards^
, n j 1 ' om the same parties bills of exchange, payable at desirable points ti
also happened that bills of exchange, which the Board did not think bom J
hen lace a bona fide transaction, have been rejected, and the parties sliJ
wards^accommodated on direct loan. The object of the Bank was to discard

ANSWER TO QUESTION IOtII.

This Bank never has.

ANSWER TO QUESTION UtiI.

This Bank never has.

ANSWER TO QUESTION 12tH.

This Bank never has. Applications have frequently been made for dk
counts by parties, who stated that paper other than our own note?
would suit them. This Board has uniformly acted on the paper offered’
without reference to the sort of funds wanted, the proceeds of the notes or
bills passing on the books of the Bank to the credit of the parties, and sub
ject to their unconditional check.

ANSWER TO QUESTION 13tiI.

We have made this charge to cover the trouble, risk, and expense of trails-
mission. It has not been done with a view to profit, but to accommodate
the internal trade of the State. It is not desirable to the Bank to take such
bills, serving only, as it does, to increase balances due from the Branches.

ANSWER TO QUESTION I4tII.

*1 T fe. Bank llas been regulated in her charges of discount on the South bv
the difference existing, at various times, between the value of our respective
issues. Upon Aew Orleans, we have gradually lowered the rates of discount
as the rates of exchange on the North and West, from that point, decreased,
or as we had reasonable ground of belief that the Banks of that city would
resume specie payments at an early period.

ANSWER TO QUESTION 15tiI.

In the distribution of the means of the Bank, when the solvency of the
parties was known, we have shown no preferences. When applications for
loans are made by parties who live in distant parts of the State, who do, or
should, make their loans at other Banks, or branches, in the State, we give
pieleience to those living in our own Banking district, or to those who, by
reason of distance from any other Bank, necessarily apply to us.

ANSWER TO QUESTION 16tii.

We keep no account of the residence of borrowers, nor
t [ ie statement you ask for, except witli a great deal of labor
to the Bank on 1st December, there was due, as follows : I
nfLouisville, $1,595,194 21. Of the county of Jefferson, $!
1144746 . Henry, $12,878. Oldham, $9,540. Bullitt, $
ford' $19,443. Scott, $5,226. Hardin, $10,649. Fayetl

1U ’ w ... -- i T'V • /th^Ck/V TT_ a. dhtVOf\ /~i_

es of Maysville and of Greensburg, during a part of the present year. This
has been "done for the want of qualified stockholders.

ANSWER TO QUESTION IStII.

This requisite has been regularly complied with.

ANSWER TO QUESTION 19TII.

This has been as carefully attended to, as lawyers generally attend to
their business.

Very respectfully,

W. H. POPE, Pres’l,
DAVID HERAN,

GEORGE KEATS,

WM. FELLOWES.

In answer to question 20th, we give you, herewith, tabular statements,
giving you all the information sought for. These exclude four houses, on
extended time. We, also, have prepared tables, attached hereto, exhibiting
the balances, at the close of each month, due to the Bank of Kentucky from
each of the branches, as xvell as the balances, at the close of each month, due
from the Bank of Kentucky to each of the branches.

Very respectfully,

W. H. POPE, PresH.
DAVID HERAN,

WM. FELLOWES,
GEORGE KEATS.

To Messrs. J. Guthrie, and
D. Trimble,

Committee.

- , = * - —

f \ '

ifllpl

Answer to the Question—What aggregate amount has the President
and Directors owed as Drawers and Discounters of Bills of Exchange, at
the close of each month?

By President
and Directors.

Firms connec¬
ted with Pres’t
and Directors.

Aggregate.

February 2S,

23,894 25

27,01S 97

50,913 22

March 31,

8,720 61

52,244 16

60,964 77

April 30,

16,048 02

49,362 41

65,410 43

May 31,

17,699 14

39,831 33

57,530 47

June 30,

17,734 50

63,SS8 SO

SI,623 30

July 31,

IS,623 14

65,754 20

84,377 34

August 31, -

10,100 60

56,706 76

66,S07 3G

September 30,

16/7S5 27

46,347 59

63,132 86

October 31, -

9,706 6S

49,S15 89

59,522 57

November 30,

10,9S2 30

5S,357 OS

59,339 38

Answer to the Question—What aggregate amount has an equal number
of other largest customers of the Bank at the close of each month, and what
the amount of fifty others?

Eleven others
not Directors
o connected
with them.

Fifty others.

Aggregate.

February 28,

94,2S2 06

163,170 30

257,452 36

March 31,

114,101 23

152,613 28

266,714 51

April 30,

105,307 36

128,271 79

233,579 15

May 31,

107,540 60

130,615 26

23S.155 S6

June 30,

118,651 20

159,674 20

278,325 40

July 31,

121,315 16

162,763 21

284,078 37

August 31, -

136,309 69

165,846 30

302,155 99

September 30,

137,577 99

173,626 34

311,204 33

October 31, -

145,945 71

249,614 20

395,559 91

November 30,

ISO,339 58

216,316 20

396,655 78

warn

507,005 00
511,208 00
522,722 00
501,326 00
465,832 00
497,697 00

434,333 00
537,273 00
509,264 00
503,157 00
497,736 00
497,637 00

January,

February,

March,

April,

May,

June,

August,

September,
October, -
November,
December,

[App. to S. J.]

/ ? '•

! ttl

Answer to Question—What has been the amount owing by an equal num¬
ber of the other highest customers of the Bank of the discount line, at the
close of each month?

Answer to Question—What aggregate amount was owing by fifty of the
largest customers of the Bank on discounts, at the close of each month?

President and Firms connec-
Directors. ted with Pres’t
and Directors.

62,700 00
62,399 00
61,987 00
59,604 00
58,S76 00
54,834 00
58,171 00
60,SIS 00
54,468 00
57,837 00
49,098 00

144,090 00
145,967 00
147,692 00
157,871 00
123,876 00
119,S04 00
1 IS,223 00
115,470 00
117,293 00
11S,050 00

Answer to Question—What has been the aggregate amount of discounts
to the President and Directors of the Bank, at the close of each month?

January, - - 256,960 00

February, - - 248,929 00

March, - - 245,853 00

April, - - 268,291 00

May, - - 283,846 00

June, - - 2o5,534 00

July . - 240,920 00

August, - - 249,399 00

September, - - 229,S61 00

October, - - 254,709 00

November, - - 260,705 00

December, - - -

January,
February, -
March,

April,

May,

June,

July,

August,
September,
October,
November -
December, -

373

Answer to the Question—What is the total number of debtors to the Bank
on the discount line? and class them from 100 to 500, from 500 to 1000,
from 1,000 to 5,000, from 5,000 to 10,000 and so on, rising 5,000 each time?

Number Debtors.
165 from

$ 100

$ 500

129

from

500

1,000

257

from

1,000

5,0C0

from

5,000

10,000

from

10,000

15,000

from

15,000

20,000

from

20,000

25,000

from

25,000

30,000

from

35,000

40,000

from

40,000

45,000

from

45,000

50,000

from

50,000

and

upwards.

Whole number of debtors 657.

Table showing the aggregate amount due to, and from, the Bank of Ken¬
tucky and Branches, on the first day of each month, from the Is/ January,
183S, to 1 st December, 1S38, as appears by the books of the principal
Bank.

Amount due to the
Bank of Kentucky
and Branches.

Dolls. Cts.

Amount due from the
Bank of Kentucky
and Branches.

Dolls. Cts.

January 31, 1838, -

1,128,474 27

January 31, 1838, -
Bal. in lav. B’k Ivy, -

711,207 72
417,266 55

1,128,474 27

1,12S,474 27

February 28, 1838, -

1,252,989 10

February 28,1838, -
Balance in favor of
Bank of Kentucky,

6S6,029 25

566,959 85

1,252,989 10

1,252,98.9 10

March 31, 1838,

1,075,712 46

March 31, 1838,
Balance in favor of
Bank of Kentucky,

797,919 72

277,792 74

1,075,712 46

Table, &c.—Continued.

Amount due to the
Bank of Kentucky '
and Branches.

Dolls. Cts.

Amount due from the
Bank of Kentucky
and Branches.

Dolls. Cts.

April 30, 1838,

927,598 69

April 30, 1S3S,
Balance in favor of
Bank of Kentucky,

693,997 93

233,600 76

927,59 69

927,59S 69

May 31, 1838,

1,087,855 23

May 31,1838,
Balance in favor of
Bank of Kentucky,

617,011 56

470,843 67

1,0S7,S55 23

1,087,855 23

June 30, 1838,

1,078,084 94

June 30, 183S,
Balance in favor of
Bank of Kentucky,

436,930 26

641,154 68

1,078,084 94

1,07S,0S4 94

July 31, 183S,

1,04S,572 07

July 31, 1S3S,
Balance in favor of
Bank of Kentucky,

340,347 19

70S,224 88

1,048,572 07

August 31, 1838,

1,009,839 81

August 31, 183S, -
Balance in favor of
Bank of Kentucky,

334,954 96

674,SS4 S5

1,009,839 81

1,009,S39 SI

September 30, 1S3S,

773,S22 75

September 30, 183S,
Balance in favor of
Bank of Kentucky,

357,372 63

416,450 12

773,822 75

380

Table, &c.— Continued.

Amount due to the

Dolls. Cts.

Amount due from the

Dolls. Cts.

Bank of Kentucky

and Branches.

October 31, 1S38, -

S55.46S 77

October 31, 183S, -
Balance in favor of

605,977 21

Bank of Kentucky,

249,491 56

855,468 77

S55,468 77

November 30, 183S,

656,021 37

November 30, 1S38,
Balance in favor of

550,656 15

Bank of Kentucky,

105,365 22

656,021 37

Statement showing the Balances due by the Branches of the Bank of Ken¬
tucky to the Principal Bank, at Louisville, and by the Principal Bank
to the Braach.es, on the last day of each month, from Lrf January, 1S3S,
to the 1 st of December, 183S, as appear by the books of the Principal
Bank.

Bale’s due by Branch¬
es to Principal
Bank.

Dolls. Cts.

Balances due by Prin¬
cipal Bank to
Branches.

Dolls. Cts.

January 31, 1S3S.
Due by-
Frankfort Branch,
Lexington do. -
Maysville do. -
Greensburg do. -
Bowlinggreen do.
Danville do. -

122,S37 69
88,280 51
60,728 75
88,663 32
37,359 61
34,SOI 28

! January 31, 1838.
i Due to—

Hopkinsville Br. -
j Balance in favor of
Principal Bank, -

3,631 02

429,040 14

432,671 16

March 31,1S38.
Due by—

Frankfort Franch,
Maysville do -
Greensburg do -
Bowlinggreen do -

149,486 61
43,421 06
90,284 06
41,979 10

March 31, 1838.
Due to—

Hopkinsville Br. -
Lexington Br.
Danville Br.

Balance in favor of
Principal Bank,

8,904 75
43,769 10
24,303 22

24S,193 76

325,170 S3

April 30, 1S38.

Due by—

Frankfort Branch,
Maysville do -

Greensburg do -
Bowlinggreen do -

159,035 S7
32,330 72
62,329 46
39,997 28 j

April 30, 1S3S.
Due to—

Hopkinsville Br. -
Lexington Br.
Danville Br.

Balance in favor of
Principal Bank,

S,39S 57
66,299 60
31,543 69

1S7,451 47

293,693 33

Statement showing the Balances, Sic .— Continued.

February 28, 1S3S.
Due by—

Frankfort Branch,
Lexington do -
Maysville do -
Greensburg do -
Bowlinggreen do -
Danville do -

lal’cs due by Branch- Dolls. Cts. Balances due by Prin- Dolls. Cts
tn Priori nal dual Bank to

es to Principal
Bank.

cipal Bank to
Branches.

February 28, 1S3S.
Due to—

S7,999 7S Hopkinsville Br. -
81,203 26 Balance in favor of
59,249 70 Principal Bank, -
89,504 2S
24,573 18 I
20,453 90

362,9S4 10 j.

13,205 S6
349,778 24

362,984 10

382

Statement showing the Balances, &c.— Continued.

Balances due by
Branches to Princi¬
pal Bank.

Dolls. Cts.

Balances due by
Principal Bank to
Branches.

Dolls. Cts.

May 31, 1S3S.
Due by—

Frankfort Branch,
Maysville Branch,
Greensburg Branch
Bowlinggreen do.

156,4S5 47
13,177 41
i, 64,410 92
51,055 58

May 31, 1S38.
Due. to—

Hopkinsvile Branch
Lexington Branch,
Danville Branch,
Balance in favor of
Principal Bank,

. 19,372 23

71,418 26
13,259 05

181,079 84

2S5,129 3S

285,129 38

June'30, 1838.
Due by—

Frankfort Branch,
Maysville Branch,
Greensburg Branch,
Bowlinggreen do.

101,789 S5
14,260 57
62,226 43
2S,39S S7

June 30, 1S3S.
Due to—

Hopkinsville Branch,
Lexington Branch,
Danville Branch,
Balance in favor of
Principal Bank,

16,559 92
46,514 54
27,121 12

126,480 14

216,675 72

July 31, 1838.
Due by—

Maysville Branch,
Greensburg Branch,
Frankfort Branch,

48,229 25
60,812 00
19,750 SO

July 31, 183S.

Due to—

Hopkinsville Branch,
Lexington Branch,
Danville Branch,
Bowlinggreen do.
Balance in favor of
Principal Bank,

3,732 53
39,644 40
28,162 12
190 58

57,062 42

12S,792 05

128,792 05

Agust 31, 1838.

Due by

Maysville Branch,
Greensburg Branch,
Frankfort Branch,

55,327 66
60,799 97
15,503 61

August 31, 1838.

Due to—

Lexington Branch,
Danville Branch,
Bowlinggreen do.
Hopkinsville Branch,
Balance in favor of
Principal Bank,

50,770 73
51,578 14
888 67
6,473 14

21,920 56

---—- _

131,631 24

Statement showing the Balances, &c. — Continued.

Balances due by
Branches to Princi¬
pal Bank.

Dolls. Cts.

Balances due by
Principal Bank to
Branches.

Dolls. Cts.

September 30, 1838.
Due by—

Maysville Branch,
Greensburg Branch,
Bowlinggreen do.
Frankfort Branch,

50,900 37
29,128 19
4,051 20
15,S06 OS

September 30,1838.
Due to—

Lexington Branch,
Danville Branch,
Hopkinsville do.
Balance in favor of
Principal Bank,

11,846 22
69,4S1 51
12,795 71
5,762 40

99,8S5 84

99,SS5 S4

October 31, 1838.
Due by—

Maysville Branch,
Greensburg Branch,
Frankfort Branch,
Lexington Branch,
Bowlinggreen do.

35,306 27
24,514 66
97,682 88
29,395 15
6,217 21

October 31, 1838.
Due to—

Danville Branch,
Hopkinsville do.
Balance in favor of
Principal Bank,

46,097 35
12,420 06

134,59S 72

193,116 17

November 30, 1S38.
Due by—

Maysville Branch,
Greensburg Branch,
Frankfort Branch,
Lexington Branch,
Danville Banch,

39,5S2 93
IS,911 50
10S.058 01
52,003 96
4,950 82

November 30, 1838.
Due to—-
Bowlinggreen Br.
Hopkinsville do.
Balance in favor of
Principal Bank,

39,117 41
14,500 86

169,88S 95

223,507 22

3S4

FRANKFORT BRANCH BANK OF KENTUCKY.

Branch Bank of Kentucky, >
Frankfort , Jan. 1, 1839. (

The following Answers are respectfully given to the interrogatories pro-
pounded to the officers of this Branch by the Joint Committee of the Sen."
ate and House of Representatives:

Question 1.—Has the business of your Branch been transacted on oood
and safe sureties?

Answer.— We believe that the business of this Branch has been transac-
ted on good and safe sureties.

Question 2. —-What amount of bad debt have you made since you went
into operation, and what amount of bad debt has been carried to the ac¬
count of profit and loss, and what other sums have been carried to said ac¬
count?

Answer. —We know of no bad debts made at this Bank since wc have
commenced operation, and nothing has been charged to account of profit
and loss, as a loss, during the year.

Question 3. — What amount of debt due your Branch are considered
doubtful?

Answer. —We know of no debt due this Branch that we consider doubt¬
ful.

Question. 4. —If you have any deferred debts, have they been reduced in
accordance with the terms upon which they were deferred?

Answer. —We have but a few debts at this office that could be considered
as deferred debts, and with only one exception the terms upon which said
debts were deferred have been complied with, and that one, in part.

Question 5.—Has your Branch, when applied to for a loan of money, ev¬
er refused by way of discount, and given it on Bills of Exchange, for the
sake of the exchange over and above the interest?

Answer.— We have never refused a loan at this office upon a note that
we know of, and then discounted a Bill of Exchange for the same parties,
for the sake of Exchange: on the contrary, we know that we have granted
loans upon notes, where both notes and Bills of Exchange were tendered by
the same parties, when we suspected it was what we call “Race Horse Bills.”

Question G. Has your Branch purchased Bills of Exchange, and taken
off the interest and exchange with an understanding that the Bills were
not to be sent for collection, but were to be retained and paid at maturity?

Answer.—N o such agreement or understanding were ever made at this
office.

Question /. Has your Branch discounted notes or Bills with an under-
derstanding, that the amount was to be taken in notes of less value than the
notes of your Branch?

Answer.— Never .

Question 8.—Has your Bank ever taken a greater rate of interest than
one per cent, for ever sixty days?

Answer. —We have never intentionally, nor do we know of any case
where it has occurred. We always take our discounts agreeable to Row¬
lett’s table of interest.

Question. 9.—Has your Bank extended accommodations; to citizens of
vour town and county, in preference to the citizens of other counties, when
the notes and Bills offered from such other counties were equally good?

Answer. —We have no recollection of the question being made at our
Board, upon giving discounts to our own citizens in preference to those of the
idiacent counties, when notes or bills offered were considered equally good.
We have frequently refused discounts to individuals living more convenient
to other Banks, because it has rarely occurred, that we have not had greater
applications for discounts, at the weekly meetings of the Directors at this
Bank than we could prudently accommodate, and we, therefore, have deem¬
ed it more prudent to confine our business to our own neighborhood, where
we have a better opportunity of looking to the security of the loans.

Question 10.—Can you state and exhibit the aggregate amount loaned
to citizens of your town and county, and this aggregate of loans to citizens
of each of the other counties to which you have made loans?

Answer. —The following exhibits the aggregate amount due this office on
the discount line, from the citizens of the following counties, viz:

Ji. -m if J no

To the citizens of Frankfort,

To the citizens of Franklin county,

To the citizens of Fayette county,

To the citizens of Scott county,

To the citizens of Wooford county,

To the citizens of Shelby county,

To the citizens of Anderson county,

To the citizens of Owen county,

To the citizens of Spencer county,

To the citizens of McCracken county,

To the citizens of Jefferson county,

To the citizens of Mason county,

To the citizens of Mercer county,

To the citizens of Boone county,

To the citizens of Henry county,

To the citizens of Hardin county.

To the citizens of Harrison county,

To the citizens of Gallatin county,

To the citizens of Nelson county.

To the citizens of Warren county,

Total notes under discount 31st December, 1S38,

$127,454 03
114,678 S2
12,S40 4S
54,317 28
62,6S2 29
5S,610 30
10,984 00
14,297 52
5,293 S7
150 00
6,100 00
1,400 00

3.700 00
1,315 47
6,S50 00

100 00
1,000 00

1.700 00
400 00
173 33

4S4,047 39

Question 11.—Has your Branch regularly counted the cash, and exam¬
ined the bonds of the officers as required by your charter, and it not, say

why it was omitted? [App.toS.J.]

tv ' i

386

Answer. —The cash account of the Cashier of this Bank, has been exam
ined three times during the year, the cash counted, but not at regular inter¬
vals, in consequence of an oversight in not appointing committees for that
purpose at the time specified; the bonds have been regularly submitted to
the Board for their approval.

Question 12.—Has your suspended debt been promptly and carefully at¬
tended to by your officers?

Answer.. —-The suspended debt due this office has had all proper attention
by its officers.

Question 13.—Have your President and Directors paid the regular calls
on their debts, in the same way, and at the same rate, as required of the oth¬
er debtors?

Answer.— The President and Directors have paid the same calls required
of them, as other debtors to the Bank.

A. S. PARKER,

LEANDER J. SHARP,

E’MD H. TAYLOR,

State of Kentucky, Franklin county, Set:

This day, personally, appeared before the subscriber, a Justice of the-
Peace, for the county aforesaid, A. S. Parker, L. J. Sharp, and Edmund H.
Taylor, and severally made oath that the foregoing answers, to the several
interrogatories preceding them, are, to the best of their kowledge and belief,
correct and true.

Given under my hand this 9th day of January, 1839,

H. WINGATE, J. P.

LEXINGTON BRANCH BANK OF KENTUCKY.

iw < ?j esti °?y ut *° Lexington branch of the Bank of Kentucky,on the
17thday of December, 183S,by the Joint Committee oftheSenate and House
of Representatives of the Commonwealth of Kentucky.

Question 1. Has the business of your branch been transacted on good
and safe securities?

Answer. The business of the branch has been transacted on good and
safe securities, with the exception of the amount mentioned in the answerto
question 3.

Question 2. What amoufit of bad debts have you made since you went
into operation, and what amount of bad debts have been carried to the ac¬
count of piofit and loss, and what other sums have been carried to said ac¬
count?

Answer. No debt made at this branch since it went into operation, has
been consideied certainly lost, therefore none has been carried to theac-

| Committee..

387

count of profit and loss, nor has any other sum been carried to the debit of
that account, save the current expenses of the Bank.

Question 3. What amount of debts due your branch is considered
doubtful?

Answer. The amount of debts due to the branch, considered doubtful,
is $6,052 79, about one half of which will probably be lost.

Question 4. If you had any deferred debts, have they been reduced in
accordance with the terms on which they were deferred?

Answer. There is but one deferred debt, and that has not reached ma¬
turity, its amount is only $1,032.

Question 5. Has your branch, when applied to for a loan of money, ev¬
er refused, by way of discount, and given it on bills of exchange, for the
sake of the exchange over and above the interest?

Answer. In no instance has the branch refused to loan to an individual
on a note, and purchased of the same individual a bill of exchange, for the
sake of the exchange over and above the interest; but there have been in¬
stances where the Bank has refused to purchase bills of exchange, from the
belief that such bills were what is commonly called “race horse bills,” and
loaned, to the same individuals, money on their notes.

Question 6. Has your branch purchased bills of exchange, and taken off
theinterest and exchange, with an understanding that the bills were not to
be sent for collection, but were to be retained and paid at the branch, at
maturity?

Answer. There has been no such transaction at this branch.

Question 7. Has your branch discounted notes or bills, with an under¬
standing that the amount was to be taken in notes of less value than the
notes of your branch?

Answer. No note or bill has ever been discounted with such an under¬
standing.

Question 8. Has your branch ever taken a greater rate of interest than
one per cent, for every sixty days?

Answer. This branch has always taken interest “ in conformity with
Rowlett’s Tables of Discount and Interest.”

Question 9. Has your branch extended accommodations to citizens of
your town and county, in preference to the citizens of other counties, -where
the notes or bills offered, from such other counties, were equally good?

Answer. This branch has not.

Question 10. Can you state and exhibit the aggregate amount loaned to
the citizens of your town and county, and the aggregate amount of loans to
citizens of other counties to which you have made loans?

Answer. See table A, signed by the Cashier.

Question 11. Has your branch regularly counted the cash and examined
the bonds of the officers, as required by your charter, and if not, say why it
was omitted?

388

Answer. The President 'and Directors have regularly counted the cash
and examined the bonds of the officers, as required by the charter.

Question 12. Has your suspended debt been promptly and carefully
attended to by your officers?

Answer. The suspended debt, as reported, consists of notes and bills of
exchange, in suit, which have, it is believed, received the faithful attention
of the attdrnies in whose hands they have been placed for collection. Notes
passed maturity have been permitted, in some instances, to lie over longer
than they should, but it is not known that the strength of any such note has
been weakened by not having suit instituted thereon more promptly.

Question 13. Has your President and Directors paid the regular calls
on their debts, in the same way, and at the same rate, as required by other
debtors?

Answer. They have.

Question 14. You will answer the resolution of the Legislature of 1836- I
’7, (see acts of that session,) and so far as the answer to that resolution may I
contain the answers to the foregoing questions, you can refer to it in your I
reply to the within questions.

Answer. The resolution, of the Legislature, of 1S36-7 directs:

1. That the committee shall examine the condition of the Bank.

2. Nhe amount of loans in the aggregate, and the proportion to the
country, and cities, and towns.

3. The amount loaned to the Directors, and their liabilities on bills of ex¬
change.

4. The several amounts the fifty highest debtors owe in the cities.

In reply to the first branch of this resolution, reference is made to state¬
ment marked B signed by the cashier; to the second, reference is made to
table A, as the answer to question 10; to the third, that the amount loaned
to the Directors, individually and in connection with their partners in busi¬
nesses $30,991 48, and that the amount of their liabilities on bills of ex¬
change is $16,513 91; and, as to the fourth branch of the resolution, the
amount loaned to the fifty highest debtors, in the city of Lexington, is
$166,390 17, and that there are not fifty debtors in any other city.

R. S. TODD, Pres't.

Cashier.

WM. M. BRAND, ) -
WILL. H. RAMEY, ) 1
WILL. S. WALLER,

3S9

Table A,

Showing the amount loaned to the citizens of Lexington, and Fayette coun¬
ty, and the amount to citizens of other counties, by the Lexington branch
Bank, December 1st, 1S38.

To the city of Lex
ington,

County of Fayette,
Scott,

Woodford,

Bourbon,

Jefferson,

Jessamine,

Bath,

Montgomery,

Fleming,

Franklin,

Clarke,

Gallatin,

Madison,

Harrison,

Owen,

$209,999 60
69,773 31
SI,852 03
42,239 03
30,463 S5
24,401 50
22.4S1 46
14,840 00
11,179 12
5,175 00
9,557 88
9,540 70
8,900 00
7,530 14
5,745 94
5,150 00

Mercer,

$ 3,488 71

Greenup,

3,949 25

Mason,

3,550 00

Estill,

2,607 24

Clay,

1,700 00

Lincoln,

1,356 74

Anderson,

1,370 79

Pendleton,

850 00

Barren,

700 00

Grant,

600 00

Boone,

500 00

Garrard,

450 00

Wayne,

350 00

Without the State,

7,4S6 47

Aggregate-amount,

$5S7,69S 76

WILL. S, WALLER, Cashier.
Lexington Branch Bank, December 18, 1838.

State of the Lexington Branch Bank, December 1st, 1S3S.

Bills discounted,

Bills of exchange, -

Suspended debt, -

Real Estate,

Expenses,

Due from other Banks, -

Cash on hand, viz:— .„. Qn nn

In notes of the principal Bank and branches, $t/,oS0 00
do. Northern Bank of Kentucky, 1,92/ /9

do. Bank of the United States, 6,150 00

do. Banks of Ohio, &c. - -

do, City of Lexington, - 6oo --

CR.

$5S7,698 76
499,692 26
16 029 S7
20,212 41
3,041 06
9S,515 17

Gold,

Silver,

1,927 79
6,150 00
12,280 00
633 27
28,922 13
85,797 16

153,290 35
$1,378,479 SS

390

Principal Bank for Stock,

do. account current, -
Notes in circulation,

Premiums,

Discounts.

Dividends,

Due to other Banks,
do. individual depositors,

DR.

§650,000 0()

57,514 95

416,395 00
23,215 90
14,043 00
206 35
37,349 28
179,755 40

§1,378,479 S8

T „ WILL. S. WALLER, Cashier.

Lexington Branch Bank, December 1 8th , 1838.

MAYSVILLE BRANCH BANK OF KENTUCKY,

The questions put to the Branches of the Bank Kentucky by the Commit-
tees ot the Senate and House of Representatives, are respectfully respond¬
ed to by the Maysville Branch as follows, viz ■ F

and Q s"„rifc“ aS ' h8 b “““* ° f ! ' 0 " r “ »*“

b “ ° f 'his "»

Question 2.— What amount of bad debts have you made since you went
into operatmn, and what amount of bad debts has been carried to the ac¬
count? 0 P10 t and ° SS ’ and W iat ° tber sums ilave been carried to said ac-

Answer— By the Board of Directors. The amount of bad debts is §975
and the Cashier replies to the second branch of the inquiry—That nodebt-
has been carried to account of profit and loss; the expenses of the BraS
alone have been carried semi-annually to that account.

doubtfun° N 3 -~ What am ° Unt ° f debts due y° ur Branch are considered
du fthis lWdf !h! P° ai n obl . } . irectors - U P°n a review of the list of debts

.f dZlSiT™ consider ,l,at the

Question 4—If you had any deferred debts, have they been reduced in
accordance with the terms upon which they were deferred?

Answer— By the Board of Directors. We have no deferred debts

evS^WH h' HaS y fT' Bl ' ancb ’ When a PP lied t0 for n loan of money,
ed ’ b> u Way of discount, and given it on Bills of Exchange, for the
sake of the exchange over and above the interest?

Answer By the Board of Directors. In discounting notes and bills that
have been offered to this Brand), its directors have always been controlled
by what they concieved to be the interest of the Bank and its customers,
but in no instance have they extracted bills of exchange for the purpose of
exacting a higher rate of interest.

Question 6— Has your Branch purchased Bills Exchange and taken off
the interest and exchange, with an understanding that the Bills were not to
be sent for collection, but Were to be retained and paid at maturity 1

Answer —By the Board of Directors and Cashier. Never.

Question 7.—Has your Board discounted notes and bills, with an under¬
standing that the amount was to be taken in notes of less value than the
notes of your Branch ?

Answer- —By the Board of Directors. Never.

Question S.—Has your Bank ever taken a greater rate of interest than
one per cent, f r every sixty days?

Answer —By the Cashier. It has not.

Question 9.—Has your Bank extended accommodations to citizens of
your town and county, in preference to the citizens of other counties, -when
the notes and bills offered from such other counties were equally good?

Answer —By the Board of Directors. In making loans, we have en¬
deavored to disseminate our accommodations in proportion to the demands,
paying due regard to the goodness of the paper, and the contiguity of the
applicants to other Banks.

Question 10. —Can you state and exhibit the aggregate amount loaned
to citizens of your town and countyy and the aggregate of loans to citizens
of each of the other counties to which you have made loans?

Answer —By the Board of Directors. We can.

Question 11. —Has your Branch regularly counted the cash and examin¬
ed the bonds of the officers as required by your charter? and if not, say
why it was omitted?

Answer —By the Board of Directors. The cash has not been regularly
counted, as required by the charter; it has been twice ommitted through
inadvertence. It was counted the end of the last quarter.

Question 12. —Has your suspended debt been promptly and carefully
attended to by your officers?

Answer —By the Board of Directors. It has.

Question 13. —Have your President and Directors paid the regular calls
on their debts, in the same manner, and at the same rate, as required of the
other debtors?

Answer —By the Cashier. No specific calls have been made on the ac¬
commodation paper of the President and Directors. Their business paper
has been always paid at maturity. No pro rata calls have ever yet been
made on the accommodations due tins Branch.

The Coxixionweaeii of Kentucky, I

7 r S S

Mason County, )

A. M. January', Richard Henry Lee, and John M. Morton, made oath
before me, a Justice of the Peace for said county, that the foregoing an-

392

swers, ns made bv the Board of Directors of the Maysville Branch of the
Bank of Kentucky, are true to the best of their knowledge. And Robert
Taylor made oath, that Sudh of said answers as are made by the Cashier, are
true, to tire best of his Knowledge.

Given under my hand' this 5th day of January, 1S39.

L. COLLINS, j.

Mays viain: Branch Bank Ivy.

At a meeting of the Board of Directors, 19th Dec., 1838, it was—
Resolved, That the questions put by the Committees of the Senate and
House of Representatives, to the Branches oi the Bank oi Kentucky, be re¬
ferred to a committee ol the President, Messrs. Lee and Morton, and to the

Cashier.

And at a meeting of the Board on the first day of January, 1839, Mr.
Lee, from the committee, reported-—

That the foregoing responses of the Board and Cashier, made separately,
to such of the questions as seemed to the Committee proper to be answered
separately, by the Board, and such as required a separate answer of the
Cashier.

Whereupon, the answers reported by the committee, was approved of by

the Board.

[Extract from the minutes.]

ROB. TAYLOR, Cashier.

DANVILLE BRANCH BANK OF KENTUCKY.

Branch op the Bank of Kentucky,

Danville , January 1, 1839. 1

Answers to Questions propounded to this Branch by the Joint Committe
of the Senate and House of Representatives of the Commonwealth of Ken¬
tucky :

Question 1.—Has the business of your Branch been transacted on good
and safe securities?

Answer. —It has.

Qtestion 2. —What amount of bad debts have you made since you went
into operation, and what amount of bad debt bas been carried to the account
of profit and loss, and what other sums have been carried to said account?

Answer. —We have in this Branch no bad debts, consequently none such
carried to the account of profit and loss.

Question 3. —What amount of debts due your Branch are considered

doubtful? _

Answer. —We regard none of the debts due this Branch at all doubtful.

Question 4.—If you had any deferred debts have they been reduced in
accordance with the terms upon which they were deferred?

Answer— We have in this Branch only one deferred debt of $160, which
will no doubt be promptly met when due.

Question 5.—Has your Branch when applied to for a loan of money,
ever refused by way of discount, and given it on Bills of Exchange for the
sake of the exchange over and above the interest!

Answer.- —This Branch, under the belief of its Directory that one of
the main objects and purposes in its establishment, at its present location,
was the extension of accommodation to the stock drovers, to enable them to
carry their stock to market, has, from the latter part of August last to the
present time, given preference to Bills of Exchange drawn by drovers, when
the proceeds ot such bills, so far as could be learned, were intended for the
transport ol stock to market—this furnishing us an additional means of
obtaining Eastern Exchange, had, also, material weight in inducing this
Branch to give preference to bills of the above description ; and it would be
probably disingenuous to say, that the prospect of greater gain had not some
influence in determining this preference—but during the balance of the year,
when this Branch was discounting regularly, no such preference has been
ever given.

Question 6. Has your Branch purchased Bills of Exchange and taken off
the interest and exchange, with an understanding that the bills were not to
be sent for collection, but were to be retained and paid at maturity?

Answer. —No.

Question 7.—Has your Branch discounted notes, or bills, with an under¬
standing that the amount was to be taken in notes of less value than the
notes of your Branch?

Answer. —No.

Question S. — Has your Branch ever taken a greater rate of interest than
one per cent, for every sixty days?

Answer. —No.

Question 9.—Has your Branch extended accommodations to the citizens
of your town and county, in preference to the citizens of other counties,
when the notes and bills offered from such other counties were equally good?

Answer. —This Branch has not extended accommodation to the citizens
of either our town or county, in preference to the citizens of other counties,
when advised that notes and bills, offered for discount were each equally
good; but it has been the studied effort of this Branch to equalize bank ac¬
commodation and facility among the the‘surrounding and neighboring coun¬
ties, having due regard to the capital, commerce, and trade, of the counties,
and the goodness of the notes and bills offered for discount.

Question 10.— Can you state and exhibit the aggregate amount loaned
to citizens of your town and county, and the aggregate of loans to citizens
of each other counties, to which you have made loans?

50 [App. to S. J.]

395

HOPKINSVILLE BRANCH BANK OF KENTUCKY.

Office Bank of Kentucky, )

Hopkinsville, January, 1839. \

Answers to thirteen questions propounded to this branch Bank, in rela¬
tion to her business, from the 1st January, 1838, to this day, to wit:

Question 1. Has the business of your branch been transacted on good
and safe security?

Answer. We think it has, in all cases.

Question 2. What amount of bad debts have you made since you went
into operation, and what amount of bad debts have been carried to the ac¬
count of profit and loss, and what other sums have been carried to said ac¬
count?

Answer. We are of opinion we have made no bad debts since we went
into operation. There has been no debt carried to the account of profit and
loss, and the only sums carried to said account has been discounts and ex¬
changes accruing on notes and bills, and other exchanges, since we com¬
menced operations.

Question 3. What amount of debts due your branch are considered
doubtful?

Answer. Upon strict examination we are of opinion that no debt
due us can be considered doubtful; in this matter, however, in the uncertain¬
ty of human events, we may be mistaken, but at present we have no good
reason for thinking any doubtful.

Question 4. If you had any deferred debts, have they been reduced in
accordance with the terms upon which they were deferred?

Answer. Strictly speaking, we have no deferred debt. There are some
debts which were created in 1836, which have not been reduced as rapidly
as our other debts, but they have been renewed, from time to time, on the
promise of being paid when the debtors procured their funds from Mississip¬
pi and Alabama. We hope to be able to reduce these debts in a short time ;
they amount, in the aggregate, to some $20,000, but due from several indi¬
viduals, say some seven or eight.

Question 5. Has your branch, when applied to for a loan of money, ev¬
er refused by way of discount, and given it on bills of exchange for the sake
of the exchange over and above the interest.

Answer. It has been the policy ot this branch, in the fall and wintei, to
use the greater proportion of her funds in the purchase of bills ol exchange,
founded on the produce of the country, this being the season of the year
when paper of this description is offered ; ■ this being known, it possibly in¬
duces some to make application, by bill, that would otherwise prefer getting
it on accommodation paper; but we know oi only one or two instances,
since first of January, 183S, where application has been made for loan, and
it having been signified to the applicant that he could be more easily accom-

modated by selling a bill; in the cases referred to, the applicants were pre-
paring to ship cotton, pork and beef, and the inducement to treat all alike
was greater than the profit accruing to the Bank. We will further remark
that, when undoubted bills are oifered, founded on real transactions, (and
none other are bought here) we generally give such paper the preference.

Question 6. Has your branch purchased bills of exchange, and taken off I
the interest and exchange, with an understanding that the bills were not to
be sent for collection, but were to be retained and paid at maturity?

Answer. We have in no instance purchased bills in the manner stated
in the sixth question, being strenuously scrupulous to avoid the purchase of
kites or or race horse bills, and have refused all bills of that character, when
believed to be such.

Question 7. Has your branch discounted notes and bills with an under¬
standing that the amount w r as to be taken in notes of less value than the
notes of your branch?

Answer. We have not.

Question S. Has your branch ever taken a greater rate o interest than
one per cent for every sixty days?

Answer. Never.

Question 9. Has your branch extended accommodations to citizens of I
your town and county, in preference to the citizens of other counties, when
the notes and bills offered from such other counties were equally good?

Answer. We have not in any instance; but in many instances in the pe¬
riod named, granted loans to citizens of other counties, in preference to
Christian county and Hopkinsville. Where a Bank is located it is almost
impossible to prevent the citizens of the town and county getting a much
larger portion of loans, than citizens of other towns and counties, especially
where the amount of capital is limited, as ours is; but have endeavored, as I
far as in our powrnr, within the last year, to make a more equal distribution
to the neighboring counties.

Question 10. Can you state and exhibit the aggregate amount loaned
to citizens of your town and county and the aggregate loans to citizens of I
each of the other counties to which you have made loans?

Answer. There has been loaned to the town of Hopkinsville :

On accommodation or discounts of notes, - $72,339 18

bills of exchange, ..... 5,840 00

Christian county, on discount line, - 71,546 94

bills of exchange, - - - 8,550 00 I

Trigg county, on discount line, .... 36,424 83

bills of exchange, .... 3,450 00

Todd county, on discount line, .... 27,662 SO

Caldwell county, on discount line, .... 2l,4S0 00

bills of exchange, - - - 10,500 00

Muhlenburg county, on discount line, - - - 13,370 00

Logan county, on discount line, .... 12,504 00

Hopkins county, on discount line, .... 12,464 00

bills of exchange, - - - 75 00

Livingston county, on discount line, - - - - 1,200 00

bills of exchange, - - - 4,000 00

397

Graves county, - - '

Montgomery county, Tennessee, discount line,

1 ° ” bills of exchange,

102 00
3,899 00
5,300 00

^ 0TE> _The foregoing may not be correct to one dollar, but is so near

correct, that it will "show the manner in which the funds have been distri¬
buted.

Question 11. Has your branch regularly counted the cash and examined
the bonds of the officers, as required by your charter, and if not, say why it
was omitted?

Answer. The cash has been regularly counted, as required by the char¬
ter, and the bonds of the officers examined.

Question 12. Has your suspended debt been promptly and carefully
attended to by your officers?

Answer. It has.

Question 13. Has your President and Directors paid the regular calls
on their debts, in the same way, and at the same rate, as required by other
debtors?

Answer. A portion of our members owe no debt to the Bank; of those
indebted the most of them have paid calls as other debtors. There has been
some departure, at times, with one or two members ot the Board ; and as it
relates to one member, an entire failure to pay. He pledges himseli to pay
in future, alledging that he was not apprised of its being required, he being

anew membei. REUBEN ROWLAND, Cashier.

JOHN H. PHELPS, Pres’t.

STRO. J. HAWKINS,

TIIOS. MOORE, KDirectors

A. WEBBER, yDirectors .

F. C. SHARP, J

State of Kentucky, Christian county, Set:

This day, Reuben Rowland, cashier, John H. Phelps, president, Stro.
J. Hawkins, Thos. Moore, A. Webber, and F. C. Sharp, Directors of the
Hopkinsville Branch Bank, came, personally, before the subscriber, a Justice
of the Peace, for said county, and made oath that the answers, made to
sundry interrogatories propounded by the Committee on Banks of the Senate
and House of-.Representatives of the Legislature of Kentucky, now' in ses¬
sion, and hereto annexed, are true to the best of their kowledge and belief.

Given under my hand this 2d day of January, 1839,

D. S. HAYo, J. r\

39S

GREENSBURG BRANCH BANK OF KENTUCKY.

The Undersigned, President, Directors, and Cashier, of the Greensburg
Branch of the Bank of Kentucky, submit the annexed answers to the fob
lowing Questions:

Question L-— Has the business of your Branch been transacted on good
and safe securities?

Answer.— They have.

Qtestion 2. — What amount of bad debts have you made since you went
into operation, and what amount of bad debts has been carried to the account
of profit and loss, and what other sums have been carried to said account?

Answer. —There are no debts known to be bad, consequently no item of
that character carried to the account of profit and loss. The items consti¬
tuting that account are the amount of discount, which, for
year 1S38, is, - - - -

Amount premiums on Exchange for the same time,

Deducting the expenses for the same time, which is,

Question 3. —What amount of debts due your Branch are considered
doubtful?

Answer.— Not exceeding four thousand dollars.

Question 4.— If you had any deferred debts, have they been reduced in
accordance with the terms upon which they were deferred?

Answer.— There is but a small amount of deferred debt, which has been
partially reduced, but not to the full extent.

Question 5.— Has your Branch, when applied to for a loan of money,
ever refused, by way of discount, and given it on Bills of Exchange, for tlie
sake of the exchange over and above the interest?

Answer. —It has not. Bills of Exchange, however, to some extent, have
often been preferred.

Question 6.—Has your Branch purchased Bills Exchange and taken off
the interest and exchange, with an understanding that the Bills were not to
be sent for collection, but were to be retained and paid at maturity?

Answer.— It has not, in any instance ; nor has such a proposition ever
been made.

Question 7.— Has your Branch discounted notes or bills, with an under¬
standing that the amount was to be taken in notes of less value than the
notes of your Branch?

Answer.— It has not.

$9,564 34

2.S03 58

2,273 39

393

Question 8.— Has your Bank extended accommodations to citizens of
uir town and' county, in preference to the citizens of other counties, when
[he notes and bills offered from such other counties were equally good ?
Answer —It has not.

Question 9.—Has your Bank ever taken a greater rate of interest than
one per cent, fbr every sixty days?

Answer— Interest has been taken agreeably to Rowlett’s calculator,
which is only considered as one per cent, lor sixty days.

Question 10.—Can you state and exhibit the aggregate amount loaned
to citizens of your town and county, and the aggregate of loans to citizens
of each of the other counties to which you have made loans?

A vsvfrR —The following may be regarded as very nearly correct, to-wit:

43°, CampbolUville.2.150 00 Green
nmintv *130 676 20. Hart, $16,536 05. Adair, $lo,952 50. Cumber¬
ed $4,240.’ Barren, $12,446 89. Marion, $10,100. Hardin, $7,510.
Casey, $6,000. Russell, $200. Pulaski, $3,736. Wayne, $600 Knox,
«013 11. Meade, 500. Franklin, $470. Monroe, $75. Muhlenburg,
$600. Jefferson, $1,87829. Daviess, $2,476 13; and in the State of Illi¬
nois, $700, and Missouri, $190.

Question 11 .— Has your Branch regularly counted the cash and examin¬
ed the bonds of the officers, as required by your charter? and it not, say
why it was omitted?

Answer.— The bonds of the officers have been regularly examined, and
the cash has been counted about three times within the year—twice since

Question 12.—Has your suspended debt been promptly and carefully

attended to by your officers?

Answer. —That situated in the most remote counties has not been prompt¬
ly attended to by the lawyers, as was desirable.

Question 13.—Have your President and Directors paid the regular calls^
on their debts, in the same manner, and at the same rate, as required ot the

other debtors? „ , , , . ,

Answer.— There are only four of the Directors who are debtors, and they

have paid the same rate of calls as required of other debtors.

JOHN BARRET, President.

J. BRUMMAL, ) j)j rec t ors
R. L. MOORE. 1 1)nect01s -

Greensburc Branch Bank, ) WM. D. BARRET, Cash.

January 1, 1S39.

„i

s. s.

Tiie State of Kentucky,

Green County, j ...... <

I Wm. B. Allen- a Justice of the Peace m and lor said count}, and
State aforesaid, hereby certify that the subscribers to the foregoing report,
personally, appeared before me, and made oath that said report, or answers,
to the interrogatories therein set forth, are just and true to the best of then

knowledge and belief. e

Given under my hand this 1st day ot p., 0 , C .

BOWLINGGREEN BRANCH OF THE BANK OF KENTUCKY.

Answers of the Bowlinggreen Branch of the Bank of Kentucky to q Ues .
tions propounded by the Chairman of the Bank Committees of the Senate
and House of Representatives:

Question 1. Has the business of your branch been transacted on good
and safe securities?

Answer. It has, in all cases.

Question 2. What amount of bad debts have you made since you went
into operation, and what amount of bad debts have been carried "to the ac¬
count. of profit and loss, and what other sums have been carried to said ac¬
count?

Answer. Upon strict examination of all the debts discounted at this
branch, not the least doubt is entertained of the perfect security of each and
all of them. There has never been the first cent charged to profit and loss
on account of bad or lost debts. The items embraced in that account are
current expenses of the branch,'and $113 22, paid this year, (1S3S) for in-
terest, at twelve per cent., under the fifth section of the charter.

Question 3. What amount of debts due your branch are considered
doubtful?

Answer. None.

Question 4. If you had any deferred debts, have they been reduced in
accordance with the terms on which they were deferred?

Answer. There is but one debt of this character, which is regularly re¬
newed, and ten per cent, calls paid.

Question 5. Has your branch, when applied to for a loan of money, ev¬
er refused, by way of discount, and given it on bills of exchange, for the
sake of the exchange over and above the interest?

_ Answer. It is usual to give bills of exchange the preference, as the bu¬
siness of the blanch can be kept in a more healthy state by so doing; but in
no case has the branch refused to discount a note, and taken a bill of the
same person, purely for the sake of the exchange.

Question 6. Has your branch purchased bills of exchange, and taken off
the interest and exchange, with an understanding that the bills were not to
be sent for collection, but were to be retained and paid at the branch, at
maturity?

Answer. No operation of this character has ever been made with this
branch.

Question 7. Has your branch discounted notes or bills, with an under¬
standing that the amount was to be taken in notes of less value than the
notes of your branch?

Answer. No.

401

Question 8. Has your branch ever taken a greater rate of interest than
one per cent, for every sixty days?

Answer. It has not.

Question 9. Has your branch extended accommodations to citizens of
your town and county, in preference to the citizens of other counties, where
the notes or bills offered, from such other counties, were equally good?

Answer. When paper known to be good has been offered to this branch
from the adjoining counties, it has always had an equal chance with that of¬
fered by the citizens of JBowlinggreen, or Warren county, and no preference
has been given.

Answer. The aggregate required is as follows:

Bowlinggreen,

do, and Warren county, -
Warren county,

Barren, - -

Edmonson, -

Hart, -

Logan, -

Christian, - f

Simpson, -

Muhlenburg,

Allen,

Todd, - - -

Butler, -

Ohio, - - -

Hardin, -

State of Mississippi, -

“ Tennessee, -

“ Illinois, -

Note. _The debts in the State of Mississippi, Tennessee and Illinois are

secured by endorsers in this county.

Question 11.—Has your Branch regularly counted the cash, and exam¬
ined the bonds of the officers as required by your charter, and if not, say
why it was omitted?

Answer. The bond has received the attention required by the charter,
and cash counted regularly, excepting one month only, then the cashier
was absent and sick; due attention has since been given by the Board of Di-
rectors.

Question 12.—Has your suspended debt been promptly and carefully at¬
tended to by your officers?

Answer. It has.

Question 13.—Have your President and Directors paid the regular ca Is
on their debts, in the same way, and at the same rate, as required of the oth¬
er debtors? r , , c T i

51 [ App. to S. J.}

$76,313 20
6,674 33
56,747 97
3,164 00
6,709 79
2,548 00
16,484 43
1,372 00
5,945 92
4,733 00
7,577 53
2,496 00
1,157 00
1,440 00
306 00
891 00
1,232 00
328 00

402

Answer. Ill oiig instance a loan was made, under peculiar circumstahces,
in which a member of the Board is interested, and no call required for a
limited time ; except this, the president and directors, in all cases, have paid
their calls regularly, and at the same rates as other debtors.

RICHARD CURD, Cashier.

JAS. T. DONALDSON, ) Commit -

TIIOS. QUIGLEY, \ tee of Li.

GEO. W. HOWORTH, ) rectors.

State of Kentucky, Warren county, Set :

This day Richard Curd, Jas. T. Donaldson, Thos. Quigley
and Geo. W. Howorth, personally appeared before me, a justice of the peace
for the county aforesaid, and made oath that the foregoing statements are
true.

Given under my hand, this 2nd day of January, 1839.

P. DON ALDSON, J. P.

A STATEMENT, showing the Resources and Liabilities of the Bank <rf
Kentucky, and Branches, each month, from the lsi day of January, to

the 31s£ day December, 1838, inclusive.

RESOURCES.

1838.

Bills discounted.

Bills of exchange.

Suspended debt.

January,

4,805,270 02

1,150,354 67

99,780 38

February)

4,S17,143 67

1,037,638 39

100,096 15

March,

4,898,833 48

911,463 72

64,895 97

April,

4,907,248 02

892,054 18

66,296 31

May,

4,S90,067 31

806,713 97

61,385 50

June,

4,813,043 78

809,779 91

65,637 00

July,

4,715,850 63

801,971 47

66,717 00

August,

4,699,693 68

861,729 13

85/75S 45

September,

4,616,796 86

1,037,227 55

121,876 00

October,

4,650,303 66

1,387,122 16

62,587 67

November,

4,655,513 03

1,569,733 23

58,255 96

December,

4,567,110 70

1,785;I68 19

61,745 16

Statement of Bank of Kentucky and Bbanciies —Continued

1838.

Real estate.

Expenses.

Due by other
banks.

January,

February,

March,

April,

May,

June,

July, -

August,

September, -
October,

November,

December,

55,172 7S
55,172 78
55,311 74
55,311 74
55,311 74
55,311 74
55,311 64
55,311 74
55,311 74
55,311 74
55,311 74
55,311 74

5,724 14
S,957 41
14,534 75
17,426 37
20,139 06

3,294 35
5,996 62
10,630 64
13,610 62
17,412 65

1,12S,474 27
1,252,989 10
1,075,712 46
927,598 69
1,087,855 23
1,078,084 94
1,04S,572 07
1,009,839 81
773,S22 75
855,468 77
656,021 37
721,765 83

1838.

Specie on hand.

Notes of other
Banks.

State and City
Bonds.

January,

February,

March,

April,

May, -
June, -
July, -
August,

September,

October,

November,

December,

751,126 60
752,840 55
762,437 32
772,SOI 66
S00,295 38
858,845 23
865,263 51
792,189 05
761,472 32
736,512 07
679,275 75
642,776 36

513,654 86
556,362 17
336,213 59
436,253 4S
443,239 35
213,424 56
41S,476 43
263,179 S5
257,900 67
443,712 31
395,544 07
317,686 54

1,540,000

1,550,000

1,675,000

1838.

Bank checks un¬
paid.

Treasurer of the Interest account.
State.

January,

February,

March,

April,

May, -
June, -
July, -
August,

September,

October,

November,

December,

154,435 52
3,849 10

40.219 28

50.219 28
39,039 OS
36,139 98
13,980 9S
12,639 98

12,423 S5
13,222 85

4,118 15
4,117 85

451 48

20,625 00
20,625 00
20,625 00
25,000 00

13,S63 22
31,000 00

Statement of Bank of Kentucky and Branches— Continued,

RESOURCES.

183S.

City of Louis¬
ville.

Certificate of de.
Vicksburg

Costs of suit.

January,

February,

March,

April,

May, -
June, -
July, -
August,

September,

October,

November,

December,

5,668 32

9,389 98
9,389 98

' • ' - 4 •

7 75

111 54

1S38

Interest p’d Bank
United States.

Suspense acc’t.

Total.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

13,750 00
13,750 00

766 59
1,009 79
1,009 79

10,203,993 24
10,125,049 32
9,724,365 46
9,699,952 53
9,S99,671 62
9,635,935 46
9,664,438 IS
9,441,33S 31
9,333,1S6 26
9,903,535 57
9,789,364 66
9,872,360 18

January,

February,

March,

April,

May,

June,

July,

August,

September, -
October,
November,
December,

1S38

January,

February,

March,

April,

May,

June,

July,

August,
September, -
October,
November,
December,

1838

January,

February,

March,

April,

May,

June,

July.

August,

September,

October,

November,

December,

405

Statement or Bank of Kentucky and Branches— Continued.

INABILITIES.

Due to Due to Treasurer Due to TreasurT
other Banks. of State. of U. States.

Due CommisTs Due Treas. Int. Contingent fund,
Sinking Fund. 1 Improvement, and profit & loss.

130,55S 79
130,558 79
130,55S 79
130,558 79
130,558 79
100,000 00
115,519 45
115,519 45
115,519 45
115,519 45
115,519 45
100,000 00

Capital Stock.

Notes in
Circulation.

4,637,758 36
4,63S,708 60
4,638,70S 60
4,63S,95S 60
4,639,108 60
4,642,60S 60
4,643,158 60
4,643,15S 60
4,644,488 60
4,671,895 00
4,671,895 00
4,679,404 00

2,468,870 00
2,519,350 00
2,362,195 00
2,399,922 00
2,475,933 00
2,639,206 00
2,571,532 00
2,396,49S 00
2,47S,815 00
2,758,897 00
2,704,810 00
2,7S 1,812 00

88,076 30
33,122 86
22,645 86
14,6^7 44
129,455 03
29,991 77
27,431 04
19,642 66
6,462 63
2,971 48
4,503 03
69.59S.28

55,129

116,784

72,944

9,153

1,996

23,295

8,631

7,194

1,551

7,194

2,387

40.7S6

115,179

40,393

140,913

65,856

204,877

39.62S

234,114

42.S38

179, S20

9,805

245,744

Individual

deposits.

587,930 67
618,387 79
594,4S7 S3
60S,092 36
645,S71 50
65S.920 55
60S,210 89
669,951 76
694,092 31
673,456 65
633,S45 45
695,450 88

529,S20 44
529,820 44
529,820 44
484.S20.44
529,S20 44
366,9S7 10
530,987 14
3S0.170 OS
29,663 34
29,663 34
27,263 34
27,263 34

LIABILITIES.

1S3S

Discounts and

Bank

of the U.

Board of educa-

premiums

•

States.

tion.

January,

26,946 42

825,000 00

February,

61,973 96

825,000 00

March,

96,032 37

550,000 00

April,

124,140 58

550,000 00

22,S47 77

May,

150,569 01

550,000 00

22,597 77

June,

179,110 99

550,000 00

22,597 77

July,

34,460 02

550,000 00

22,597 77

August,

62,318 29

550,000 00

22,225 02

September,

98,296 03

550,000 00

22,125 02

October.

13S.477 SI

550,000 00

22,125 02

November,

171,064 46

550,000 00

21,975 02

December,

230,614 87

275,000 00

21,945 02

1S3S

Dividends un-

Pn. on acc’t of

District court U.

claimed.

Int. Impr’vmnt.

States.

January,

25,910

February,

March,

April,

May,

June,

July,

64,228 7S

August,

62,411 S8

3,181 23

September,

61,476 45

4,141 53

i V\

October,

60,808 95

November,

12,918 45

_ ■

2,220 00

December,

12,865 95

2,220 00

1S3S

James Clark

Costs of

Real est.

Total.

Governor.

suit.

fund.

January,

10,203,993 24

February,

10,125,049 32

March,

9,724,365 46

April,

9,699,952 58

May,

9,899,671 62

June,

■ -

9,635,935 46

July,

9,664,438 18

August,

9,441,338 31

September,

9,333,186 26

October,

9,903,535 57

November,

100,000

34 78

9,789,364 66

December,

100,000

2,500

9,872,360 18

ett

tei

g°

IV'

la;

P c

fin

fir

Bank of Kentucky, )

Louisville, December 28, 1S38. \

Gentlemen :

In order to give you full and accurate information upon the subject o!
ncmiries required to be made by resolutions of the House of Representatives,
we hand you, herewith, a tabular statement of the amount due the Treas-
' 0 f the United States from the Bank of Kentucky, at the close of each
month from 31st October, 1S36, to 30th November, 1S38. It does not ex-
tend as far back as required by the resolutions, the first deposite having been
made in October 1S36. .

We also annex a statement exhibiting the respective periods at which the
government deposits were made, and in what manner. 1 hese payments
L re made to the Bank of Kentucky at her own counter, of which a small
portion was in specie, and the remainder in her own notes, or in such notes,
as she was willing to reflew on general deposite.

We also annex a statement exhibiting the periods, at which payments
were made to the Treasurer of the United States, and to v.diat parlies.
There were made in part at the counter of the Bank, in specie, in her own
notes, or in such notes as would best suit the holders of the warrants. A
large part, it will be seen, was paid to the State ot Kentucky by increasing
the stock of the State in the capital stock of the Bank—a part was also paid
at Richmond, Virginia, and the remainder in Treasury notes, and m checks
on eastern Banks. This Bank has, since its creation, in the regulai tians-

“tion of business, discounted for merchants and traders note? of hand or
bills of exchange on various parts of the United States, aiising horn die ex¬
ports of the State—of commission on the transfer ot fundsjy the Bank
from point to point, the means were derived from the sellers of bills of ex¬
change. A portion of the means, by which this Bank met the debt due the
Treasurer of United States, was derived by a purchase of eastern funds
from the Governor of the State, arising from sales of bonds tor internal Im-

By reference to the business of the Bank of Kentucky, prior to 15th May,
1837, and subsequent to the receipt of the public deposits, it will be seen
that it was, at no time, materially increased or diminished. Its managers
not knowing how long the public money would remain on deposit, could
not bank on it to any great extent, and the Legislature must judge whether
L amount of business was ever too high Any discount of notes or bills,
was made without reference to the public deposits.

Verv respectfully,

‘ 1 W. H. POPE, Pres.

; DAVID HE11AN,

WM. FFLLOWES,

GEO. KEATS.

To Messrs. Guthrie, ) Comm i ttee ,

Trimble, )

i t;K } -]

4C8

The following statement exhibits the balances due to the Treasurer of fa
United States, from the loth of October, 1S36, when the first deposik
was made, to 183S.

1536.

October 31,
Nov. 30,

Dec. 31,

1537.

By balance,
do.
do.

$204,900 00
254,900 00
454,970 12

January, 31,
February 28,
March 31,
April
May,

June,

July,

August 31,
Sept. 30,
Oetober 30,
Nov. 30,
Dec. 31,

30,

31,

30,

31,

do.

397,050 99
837,796 74
929,677 61
929,457 61
897,378 32
662,612 17
701,112 17
676,710 91
626,525 03
594,658 51
555,980 55
536,459 78

183S.

January 31,
February 28,
March 31,
April 30,
May 31,
June 30,
July 31,
August 31,
Sept. 30,
Oct. 31,
Nov. 30,

do.

529,S20 44

529.520 44
529,820 44

529.520 44

529.820 44

513.820 44
530,987 14
380,170 08

29.663 34

29.663 34
27,263 34

The following statement exhibits the respective periods at which the govern¬
ment deposites were made, and in what manner.

1S36.

4,900 00

October 5, Deposited by T. A. Howard, District Attorney
for Indiana, ....

21 Deposited by transfer draft on branch of North¬
ern Bank at Louisville, - - - 100,000 00

27, Deposited by transfer draft on branch of North¬
ern Bank at Louisville, - - - 100,000 00

$204,900 00

tu •

Amount carried forward

409

Amount brought forward, - - - - -

Nov. 19, Deposited by transfer warrant on State Bank
of Indiana at Richmond, ...
Dec. 15, Deposited by transfer warrant on State Bank
of Indiana at Indianapolis,

17, Deposited by E. S. Camp, Surveyor of the Port
of Louisville, -

21, Deposited by transfer warrant on branch of
Northern Bank at Louisville,

1837.

January 5, Deposited by transfer warrant on branch of
Northern Bank at Louisville, -
February 3, Deposited by transfer warrant on State Bank
of Indiana at Madison,

Deposited by transfer draft on Louisville Sav¬
ings Institution, -
Deposited by transfer draft on same, -
7, Deposited by E. S. Camp, Surveyor of the
Port of Louisville, -

10, Deposited by transfer draft on branch of
Northern Bank at Louisville,

15, Deposited by transfer draft on Commercial

Bank of Cincinnati,

Deposited by transfer draft on same,

Do. do. do.

March 1, Deposited by transfer draft on branch of Nor¬
thern Bank at Louisville, - -

25, Deposited by transfer draft on State Bank of
Indiana at New Albany, - -

16, Deposited by transfer draft on branch ofNor-

thern Bank at Louisville, - - -

April 13, Deposited by transfer draft on branch of Nor¬
thern Bank at Louisville, - -

15, Deposited by transfer draft on State Bank of
Indiana at Lawrenceburg,

May 11, Deposited by D. Thomas, Receiver of Public
Monies at Helena, - - -

June S, Deposited by E. S. Camp, Surveyor of the
Port ofLouisville, - -

28, Deposited by transfer draft on Commercial
Bank of Cincinnati,

July 29, Deposited by transfer warrant on same,

August 29, do. do. do. -

Sept. 22, Deposited by E. S. Camp, Surveyor ol the
Port of Louisville, -

1838. . „

June 30, By interest on public deposit, from 19 Decem¬
ber, 1837, to 1 July, 1838,

$204,900 00
50,000 00
100,000 00
70 12
100,000 00

100,000 00

20,000 00
20,000 00

745 75

100,000 00

50,000 00
50,000 00
50,000 00
50,000 00

100,000 00

50,000 00

100,000 00

1,740 71

2,301 14

100,000 00
100,000 00
100,000 00

1,681 12

17,166 70
$1,768,605 54

[App. to S. J.]

410

Whole amount of Deposits by Government,

Amount of payments, -

Balance due the Treasury of the United States, -

- $1,763,605 54

- 1,741,342 20

$27,263 34

recapitulation of deposites.

By transfer of drafts on Northern Bank at Louisville

On State Bank of Indiana, -
On Commercial Bank of Cincinnati,

From Disirict Attorney, ... *

Surveyor of Port of Louisville, ...

Receiver at Helena, ....

Amount per interest, ....

Louisville Savings Institution,

- $750,000 00
450,000 00
500,000 00
4,900 00
4,798 13
1,740 71
17,166 70
40,000 00

$1,768,605 54

April

The following statement exhibits the periods at which payments were mak
1837 t0 i ie (x0vernment ’ and u P on what authority,

January 28, Paid on Treasury Draft, in favor of the State

of Kentucky, - . ^IWqigio

March 31, Paid on Treasury Drafts to the State of Ken-' 3

tucky, ...

Paid to G. W. Andrews, Captain of 6th In-
1 tin try, -

I ' aid 1 V° Ale *ander Moore, on Treasury Drafts'
r y lu , ^ a l 3t k- Ford, on Treasury Draft,

20, Paid to Planters Bank of Tennessee, on Treas¬
ury Draft,

Paid to the same, on Treasury Draft, -
Paid to Capt. Jacob Brown, agent of Indian
Department, on Treasury Draft,

17, Paid Capt. W. M’Knight, agent of Engineer
qi Department, on Treasury Warrant,

31, 1 aid Elias Rector, Marshal of District of Ar¬
kansas, on Treasury Draft,

9, Paid to same, on Treasury Draft,

Do. do. do.

in’ p ai -j u' Ca > on Treasury Draft,

19, Paid H. M. Shreve, on Treasury Draft,

I aid to same, on Treasury Draft,

[In A rn_ -r-v ^ J 9

May

June

157,919 |3

200 00
20 00
200 00

100,000 00
100,000 00

21,320 00

12,500 00

1,000 00
1,000 00
1,000 00
148 16
11,000 00
12,000 00

20 - - 12,UUU UU

, 1 aid on Treasury Draft, to State of Kentucky, 277,919 13

Amount carried forward, . . . . SsTuTs

411

Amount

June

July

10,

17,

19,

August

21,

August

22,

25,

Sept.

15,

27,

October,

14,

21,

Nov.

10.

17,

22,

27,

Dec.

IS,

brought forward, - - - - - §854,145 55

27, Paid on Treasury Draft, to Treasurer of the

State of Arkansas, - - - 33,000 00

Paid on Treasury Draft, to Governor, Comp¬
troller and Treasurer of Tennessee, - 37,500 00

Paid H. M, Shreve, on Treasury Draft, - 14,000 00

Paid Capt. J. G. Taylor, on Treasury Draft, - 10 000 00

Paid to Bank of Virginia, on Treasury Draft, 100,000 00
Paid A. J. Philips, on Treasury Draft, - 6,000 00

Paid H. M. Shreve, on Treasury Draft, - 2,500 00

Paid same, on Treasury Draft, - - 10,000 00

Paid A. J. Philips, on Treasury Warrants, - 3,000 00

Paid H. M. Shreve, on Treasury Draft, - 2,901 26

Paid A. J. Philips, on Treasury Draft, - 500 00

Paid Capt. J. P. Taylor, on Treasury Draft, - 13,000 00

Paid John J. Green, Treasury Draft, - - S87 00

Paid W. Carter, on Treasury Draft, - - 10,000 00

Paid Benedict & Carter, on Treasury Draft, - 5,000 00

Paid W. M’Knight, on Treasury Draft, - 4,250 00

Paid II. M. Shreve, on Treasury Draft, - 18,030 00

Paid Capt. St. Clair Denney, on Treasury
Draft, - - - - ' - 200 00

Paid Taylor and Kerny, on Treasury Draft, - 20 00

Paid R. B. McAfee, on Treasury Draft, - 1,471 52

Paid A. A. Massias, on Treasury Draft, - 30,000 00

Paid T. B. Monroe, on Treasury Draft, - 375 00

Paid Lewis Sanders, on Treasury Draft, - 50 00

Paid F. Taylor, on Treasury Draft, - - 23,000 00

Paid J. M. M’Calla, on Treasury Draft, - 50 00

PaidW. Noland, on Treasury Draft, - - 4,627 96

Paid F. Taylor, on Treasury'Draft, - - 10,950 00

Paid H. M. Shreve, on Treasury Draft, - 15,695 77

Paid H. M. Thompson, on Treasury Draft, - 3.S25 00

1S38.

January

8, Paid L. Parks & Co., on Treasury Draft,

22, Paid D. S. Niles, on Treasury Draft,

Paid A. M. Thompson, on Treasury Draft,

Paid E. Rector, on Treasury Draft,

June 5, Paid Treasurer of U. States, by check of B’k.

of Kentucky on Union Bank of New York, -
August 7, Paid Treasurer of U. States, in Treasury notes,
Interest on the same, - - -

10, Paid S. T. Cross, on Treasury Draft, -
20, Paid Capt J. Brown on Treasury Draft,

Paid same, on same,

Sempt. 3, Paid Treasurer of United States, by check of
Bank of Kentucky, on Bank of U. States, -

42 30
2,607 04
1,990 00
2,000 00

16,000 00
100,000 00
1,5118 80
815 00
30,000 00
19,000 00

300,000 00

$1,6SS,942 20

41-2

Amount brought forward,

- $1,688,942 20

Sept.

3, Paid Treasurer of U. States, by check of Bank

of Kentucky, on Bank of Virginia, - - 50,000 00

November23, Paid W. H, Bills, on Treasury Draft, - 2,400 00

$1,741,342 20

RECAPITULATION OF PAYMENTS.

On Treasury Drafts, to the State of Kentucky, $593,757 39
On Treasury Drafts, to sundry individuals, 781,584 81
By checks of Bank of Kentucky, on Bank of U.

States, Bank of Virginia, and Union Bank ol

N. York, ----- 366,000 00

$1,741,342 20

NORTHERN BANK OF KENTUCKY AND BRANCHES.

NORTHERN BANK OF KENTUCKY.

Northern Bank of Kentucky.

Questions propounded to the Northern Bank of Kentucky, at Lexington,
by the Joint Committee on Banks, and the answers of a Committee of the
Board of Directors of said Bank:

Question 1.—Has the Branches of the Northern Bank of Kentucky com¬
plied with the second and third sections of the act, approved the 16th Feb¬
ruary, 1S38, “entitled, an act dispensing with quarterly, and substituting
monthly statements, and providing for monthly balance sheets to be lodged
with the Secretary of State,” and lias the Northern Bank ol Kentucky com¬
plied with said sections?

Answer. —Those sections of the act referred to, have been complied with
by the principal Bank and Branches.

Question 2.—Will the reports of the Northern Bank of Kentucky, to
the Secretary of State, exhibit the true condition of the Bank and Branch¬
es, at the close of each month, from the 1st of January, 1S38, to 1st Janua-

tii

413

’ 1839) and it' they will not, then ^exhibit such a statement as a patt ot

|he answer to this question?

Answer.— In our opinion they do.

, been

Answer.— .j —

Question 3.—Has the business of the Northern Bank ot Kentucky
transacted on good and safe securities?

Answer. —We think it has. _

Question 4 —What amount of bad debts have you made since your Lank
went into operation, and what amount of bad debts have been carried to
lire account of profit and loss, and what other sums have been carried to said

3C Answer —We have no debt so bad as to have been yet carried to the
account of profit and loss. Besides the usual expenses and charges carried
to the account of profit and loss, that account has been charged with $2,-
S 3 i 28, being 12 per cent, damages paid on demands for gold and silver du¬
ring the suspension. . , ,

Question 5.-What amount of debts due your Bank are considered

^Answer. —The amount which may be considered as doubtful, is very in¬
considerable. The precise sum not easily ascertained.

Question 6. Has the deferred debts m the Northern Bank of Kentucky
been reduced in accordance with the terms on which they were defened.

Answer. —They have. . ,, ,

Question 7 —Has that part of the capital employed in exchange yielded
than the pit employed m direct

a greater profit, say how much, or what per cent., and if not, then sa } wny

of the capital employed ia etchaag,

„aX more SS W

specie, and to keep out the circulation of foreign paper.

Question S.-Is there greater punctuality in paying Bills of Exchange,

accommodation merely. .

of the exchange over and above themteiest. . ,

\ Km- the reasons stated in the answer to the /th question, the

and it has frequently happened, that when the ai*c oun.

Bank has declined discounting notes, while it was purchasing bills

ehange.

414

Question 10.— Has the Bank purchased Bills of Exchange and taken f
the interest and exchange with an understanding that the bills were not t
be sent for collection, but to be retained and paid at the Bank at maturity”
Answer.— In no instance.

Question 11. —Has the Bank ever taken a greater rate of interest tin
one per cent, for every sixty days? an

Answer.— Never.

Question 12.—Has the Bank discounted notes, or bills, with an under
standing that the amount was to be taken in notes of less value than th«"
notes of the Bank? e

Answer.— In no instance has the Bank dealt in depreciated Bank p aper .
whenever the Bank has received, or paid out, the notes of other Banks than
their own,, it has received and paid them at par.

Qnestion 13.—Why does your Bank charge one half of one per cent, ei
change between different places in your own State?

Answer.— The experience of the Bank shows that li percent, on domes
tic bills, is not more than a fair charge for the risk and expenses of transact'
mg the exchanges in our own State—the Bank furnishing checks on iti
Branches at par.

Question 14.—Why has your Bank charged so high a rate of exchance
on New Orleans and other places in the South?

Answer. During the suspension of specie payments in the South, this
. , ^ a d to charge on Bills ol Exchange a rate sufficient to reimburse it
either in specie or Eastern funds. By a comparison of the rates of specie'
or Eastern funds, in New Orleans and other places in the South, at the pe-
riod at which bills were purchased, it will be found that not more than a
fair rate has been charged for that end.

Question 15.—Has your Bank extended accommodations to the citizens
of your city and county, in preference to the citizens of other counties
when the notes and bills offered from such other counties were equally good!

Answer.— We believe the Bank has dealt fairly in the distribution of its
loans, as will be seen by answer to question No. 16.

Question 16.— Can you state and exhibit the aggregate amount loaned to
citizens ol Lexington, and Fayette, and the aggregate amount to citizens
of other counties, separately—and if so, give the statement?

Answer.

To Lexington,

To Fayette county,
To Bourbon.

To Woodford,

To Clarke,

To Scott,

To Mercer,

To Jessamine,

To Montgomery, -
To Bath,

To Nicholas, -

$246,196 31
133,51S 00
49,385 00
34,136 00
38,733 00
103,903 00
15,3S9 00
24,073 00
7,554 00
12,012 00
6,211 00

To Lincoln,
To Garrard,
To Gallatin,
To Franklin,
To Floyd,

To Shelby,

To Fleming, -
To Henry,

To Louisville,
To Harrison, -
To Whitley, -

3,930 00
6,119 00
3,300 00
3,676 00
300 00
1,200 00
8,435 00
900 00
22,577 00
10,7S4 00
1,100 00

To Estill,

To Warren,
To Anderson,
To Spencer,
To Knox,
Other places,

To Nelson,

To Mason,

To Boone,

To Pulaski,

To Clay,

To Greenup,

To Green,

To Carter,

Question 17.—Has your Bank neglected to fill any vacancy in the Direc¬
tory of the Bank or Branches, and if so, say how long the vacancy was suf¬
fered to exist, and why?

Answer. —Whenever any vacancy has occurred either in the principal
Bank, or any of the Branches, the Board has always filled it as soon as they
could be informed of a fit person, who was qualified according to the charter.

Question 18. — -Has your Bank regularly counted the cash, and examined
the bonds of the officers as required by your charter, and if not, say why it
was omitted?

Answer. —The bonds of the different officers have been frequently ex¬
hibited to the Board, and a committee has been appointed, quarterly, to ex¬
amine the Cashier’s account, and have regularly made satisfactory reports.
The minute counting of the cash, has been too onerous a duty for the Com¬
mittee, but the examinations of the Committee, from personal inspection,
has always been made, and received by the Board as satisfactory.

Question 19.—ITas your suspended debt been promptly and carefully at¬
tended to by your officers?

Answer. —We believe it has.

Question 20.—You will answer the resolution of the session of 1S37,
(see acts of that session, lS36-’7, page 35S,) and the answers to that resolu¬
tion, so far as it contains answers to questions now propounded, may be re¬
ferred to in your answers to the written questions?

Answer. —The semi-annual report to the Secretary of State shows the
condition of this Bank and Branches. The loans to citizens of Lexington
and other counties, at the close of last year, answered by the 16th question.
The amount loaned to the directors, including the debt as partners, §31,675.
The liabilities of Directors on Bills of Exchange, §33,113 63. The amount
owing by the fifty highest debtors, in the city of Lexington, (exclusive of
the corporation which owes §25,253 79,) is §184,596 37.

All which is respectfully submitted.

M. T. SCOTT, Cashier.

JNO. TILFORD, Pres. )
JOHN BRANE, V Com.

R. WICKLIFFE, Jr. )

•416

LOUISVILLE BRANCH OF NORTHERN BANK OF KENTUCKY.

Questions to be answered by the branch of the Northern Bank of Ken¬
tucky, at Louisville.

Question 1. — Has the business of your Branch been transacted on good
and safe securities?

Answer. It has.

Question 2. — What amount of bad debts have you made since you went
into operation, and what amount of bad debts lias been carried to the ac¬
count of profit and loss, and what other sums have been carried to said ac¬
count?

Answer. W e are not aware that any bad debts have been made by this
office; none have been carried to the account of profit and loss.

Question 3.—What amount of debts due your Branch are considered
doubtful?

Answer. W e do not consider any of the debts due this Branch as doubt-
ful.

Question 4.—If you had any deferred debts, have they been reduced in
accordance with the terms upon which they were deferred?

Answer. We had deferred debts (growing out of the late commercial I
embarrassments,) amounting to $131,099 20, these debts have been reduced I
according to agreement; they amount at present to $94,S90.

Question 5. — Has your Branch, when applied to for a loan of money, ev- I
er refused by way of discount, and given it on Bills of Exchange, for the
sake of the exchange over and above, the interest?

Answer. We do not recollect a single instance of our rejecting an ap-
plication for a discount (or loan) on a note, with the view of inducing the
applicant to offer a bill of exchange. We have frequently purchased bills
of exchange, on the same day that notes offered for discount have been re¬
jected, and in several instances, perhaps, from persons whose notes have
been rejected. Bills of exchange are generally more profitable to the Bank,
and we prefer purchasing them, not only because they are more profitable,
but because we believe it to be the interest of a larger portion of our custom¬
ers and of the community, also, that we should do so. It is, also, the only
means on which we can rely with any certainty, for procuring eastern ex¬
change, which we consider equivalent to, if not better than, specie. We
think this Branch for a long time past, has had much too large a proportion of
its capital employed in discounted notes.

Question 6.—Has your Branch purchased Bills of Exchange, and taken
oil the interest and exchange with an understanding that the Bills were
to be retained and paid at the branch at maturity?

Answer. Never.

417

Question 7.—Has your Branch discounted notes or Bills with an under-
derstanding, that the amount was to be taken in notes of less value than the
notes of your Branch?

Answer. We have not paid out, on notes or bills discounted, any notes
which we had not received on deposit, or in payment, at par.

Question 8.-—Has your Branch ever taken a greater rate of interest than
one per cent, for ever sixty days?

Answer. We have not.

Question. 9.—Has your Branch extended accommodations to citizens of
your town and county, in preference to the citizens of other counties, when
the notes and Bills offered from such other counties were equally good?

Answer. We are not aware that any distinction is made, when we
know the applicants from other counties are equally good.

Answer. It is difficult to give a strictly correct answer to this question.
As far as we can ascertain the amount of loans to citizens ot this city and
county is $492,454 45, and to citizens of other counties $56,588 90.

Question 11.—Has your Branch regularly counted the cash, and examined
the bonds of the officers, as required by your charter, and it you have not,
say why it was omitted?

Answer. The cash of this branch has been regularly counted by a com¬
mittee of the Board of Directors, appointed from time to time for that pur¬
pose. The bond of our Cashier is taken and kept at the Mother Bank
at Lexington ; the bonds of the Clerks, in this Branch, are kept by our Cash¬
ier—they have not been examined by the Board of Directors, since they
were given.

Question 12.—Has your suspended debt been promptly and carefully at¬
tended to by your officers?

Answer. We believe it has.

Question 15.—Have your President and Directors paid the regular calls
on their debts, in the same way, and at the same rate, as required of the oth¬
er debtors?

Answer. They have.

In answer to the questions contained in the resolution of the Legislature
in relation to the amount loaned to the Directors of this Branch, and their
liabilities on bills of exchange, and the several amounts the fifty highest
debtors owe in this city, we answer that the amount loaned to the members
of the Board of Directors, individually, is only $446 22; the amount of the
notes discounted by this Branch, of the firms of which the President and
Directors are members, is $38,565 33, a considerable portion of this amount
is in notes at 90 days date, and payable at maturity. The amount of the
liabilities of the firms of which the Directors are members, on bills of ex¬
change, is $32,496 12. The several amounts the fifty highest debtors, in
in the city, owe this Branch, are as follows, viz:

[App. to S. J.]

418

$ 6,530

6,913

24,945

4,500

10,000

7,251

3,052

8,S48

10,854

6,362

13,495

3,387

3,488

4,33S

6,610

3,430

5,SS2

3,240

3,128

5,670

3,078

5,000

6,139

8,000

19,460

2,56S

9,048

3,000

4,735

4,130

3,423

30,595

19,890

3,S55

5,916

2,016

4,006

3,292

4,740

4,353

4,116

2,314

8,095

4,456

6,536

2,100

4,625

3,395

5,835

2,459

$332,994

Note.— The four largest amounts in

Total amount $332,994.

All of which is respectfully submitted.

WM. RICHARDSON, Cashier.
THOS. ANDERSON, Preset.

W. H. BACON, \

J. P. BULL, > Com. of Directors.

W. NISBET, )

Louisville, January 2nd, 1839.

COVINGTON BRANCH OF NORTHERN BANK OF KENTUCKY.

Questions propounded to the office Northern Bank of Kentucky by a
Committee of the Legislature:

Question 1. Has the business of your branch been transacted on good
and safe security?

Answer. It has.

Answer. We have made no bad debts that we know of. Nothing has
carried to the account of profit and loss, except the balances of discount, ex¬
change, and contingent expense accounts.

Question 3. What amount of debts due your branch are considered
doubtful?

Answer. There is some slight doubt entertained by some members ot
the Board, in relation to the security of debts, to the amount of $33,806 25.

Question 4. If you had any deferred debts, have they been reduced in
accordance with the terms upon which they were deferred?

Answer. We have no deferred debts that have yet become due.

Question 5. Has your branch, when applied to for a loan of money, ev¬
er refused by way of discount, and given it on bills of exchange tor the sake
of the exchange over and above the interest.

Answer. The Board have refused to discount the paper of individuals,
of whom they have afterwards purchased Bills of Exchange on points upon
which they believed his business authorized him to draw, charging interest
and exchange, and they have, also, in many instances, refused to purchase
Bills of Exchange, drawn without authority, and discounted notes for
the same individuals, charging only 6 per cent, interest.

Question 6.—Has your Branch purchased Bills Exchange and taken ofl
the interest and exchange, with an understanding that the Bills weie not to
be sent for collection, but were to be retained and paid at maturity ?

Answer. —They have not.

Question 7.—Has your Branch discounted notes or bills, with an under¬
standing that the amount was to be taken in notes of less value than the
notes of your Branch?

Answer. —They have not.

Question 8.—Has your Branch ever taken a greater rate of interest than
one per cent, for every sixty days?

Answer. —They have not.

Question 9. _Has your Branch extended accommodations to the citizens

of your town and county, in preference to the citizens of other counties,
when the notes and bills offered from such other counties were equally good!

420

Answer. —They have not, except in very few instances, and in those the
applicant lived nearer to some other Branch.

Question 10.—Can you state and exhibit the aggregate amount loaned
to citizens of your town and county, and the aggregate of loans to citizens
of each other counties, to which you have made loans?

Answer. —The amount under loan upon notes and bills to citizens of the
city of Covington, $112,341 14. County of Campbell, $105,003 66.—
County of Boone, $137,655 06. City of Cincinnatti, $42,666 42. Harrison,
$12,673. Gallatin, $11,169. Pendleton, $6,871. Grant, $6590 53. Green¬
up and Owen, $3,030 27. Bank drafts, and checks, &c., $9,222 46.

Question 11.—Has your Branch regularly counted the cash and examin¬
ed the bonds of the officers, as required by your charter? and if not, say
why it was omitted?

Answer. —The Board have at the last meeting in every month, appointed
a committee to count the cash, which duty has been regularly performed on
the last day of every month, except in three or four instances, when an at¬
tendance of the committee could not be procured. They have not been ap¬
prised that it was the duty of the Branch Board to examine the bonds of its
officers, until the reception of these interrogatories, since which, that duty
has been performed.

Question 12. Has your suspended debt been promptly and carefully
attended to by your officers?

Answer. It has.

Question 13. Has your President and Directors paid the regular calls
on their debts, in the same way, [and at the same rate, as required of other
debtors?

Answer. —The Board has not in every in instance required the customary
calls from the Directors. In cases, however, where the indebtedness of a
Director has exceeded three thousand dollars, he has been placed upon the
same footing as other debtors of the Bank.

Amount loaned to President and Directors, - - - 45,474 18

Their liabilities upon Bills of Exchange, ... 13,277 28

$58,751 46

Amounts the fifty highest debtors owe in the cities upon the notes and bills,

33,806 25

2,900 00

1,400 00

8,000 00

2,861 00

1,360 00

7,901 IS

2,789 60

1,314 00

6,160 00

2,400 00

1,296 00

9,540 00

2,500 00

1,200 00

5,140 78

2,000 00

1,140 00

4,444 00

1,800 00

1,115 00

4,375 92

1,S00 00

1,000 00

3,600 00

1,760 00

1,000 00

3,492 00

1,700 00

1,000 00

3,446 17

1,613 80

9S0 00

3,400 00

1,600 00

968 19

1,591 00

925 49

421

3.0S1 27
3,200 00
3,500 00
3 500 00

1,572 03
1,520 00
1,500 00
1,495 00

800 00
735 00
6S4 00
700 00

JOHN B. CASEY, President.

P. S. BUSII, Cashier.

JOHN K. M’NICKLE, ) Directm . s
JAS. M. CLARKSON. 1

r>(Tnvb&tt county, >S ct. _ _

Personally appeared before the undersigned, a Justice of the 1 eace

■mad for said county, John B. Casey, President, P. S. Bush, Cashier, and
r hn Iv. M’Niclde, and James M. Clarkson, Directors, of the officers
f the Northern Bank of Kentucky in Covington, and made oath that the
foregoing answers and exhibit were correct and true to the best of their

knowledged and belief.

Civen under my hand this 2d day of January, 1S39.

L J HAMILTON MARTIN, /. P.

PARIS BRANCH OF THE NORTHERN BANK.

Questions propounded by a committee of the Legislature of Kentucky to
the Paris Branch of the Northern Bank of Kentucky :

Question 1.—Has the business of your branch been transacted on good
and safe securities?

Answer. —Yes. .

Question 2 — What amount of bad debts have you made since you went
into operation ? and what amount of bad debts have been carried to the ac¬
count of profit and loss? and what other sums have been carried to said ac-

C ° Answer. _None. The amount carried to profit and loss only includes

contingent expenses. . , ,

Question 3.—What amount of debts due your branch are consideied

doubtful?

Answer. —None. .

Question 4 —If you had any deferred debts, have they been reduced in
accordance with the terms on which they were deferred?

Answer. _We have two deferred debts. The time to which they were

deferred has not passed.

Question 5.— Has your branch, when applied to for a loan of money, ev¬
er refused, by way of discount, and given it on bills of exchange, loi the
sake of the exchange over and above the interest?

422

Answer. —We have, when it was known to the Board that the app]i canl
wanted the money for the purpose of purchasing and driving stock to a p 0 j nt
upon which we were purchasing bills ; not for the difference of profit onlv
but because experience has taught us that a large amount of eastern funds'
is absolutely necessary to protect and replenish our vaults; and, as this
fund is to be obtained by the purchase of bills of exchange, during the fall
from stock drovers, it has been the aim of this Board to invest in bills such
a portion of our capital as will secure the end desired. To drovers goi ng
to markets, where exchange was exorbitant, we have usually loaned money
on notes.

Question 6. Has your branch purchased bills of exchange, and taken off
theinterest and exchange, with an understanding that the Bills were not to
be sent for collection, but were to be retained and paid at the branch, at
maturity?

Answer. —At no time.

Question 7.-—-Has your branch discounted notes or bills, with an under¬
standing that the amount was to be taken in notes of less value than the
notes of your branch?

Answer. —No.

Question S.—-Has yourBracnh ever taken a greater rate of interest than
one per cent, f. r every sixty days?

Answer. —No. We have in all cases used Rowlett’s table of interest
as prescriced by the charter.

Question 9.— Has your Branch extended accommodations to citizens of
your towm and county, in preference to the citizens of other counties, when
the notes or bills offered from such other counties were equally good?

Answer. —We have never given preference to citizens of our own county
wffiere applicants from other counties were known to be equally good.

Question 10. — Can you state and exhibit the aggregate amount loaned
to citizens of your town and county, and the aggregate of loans to citizens
of each of the other counties to which you have made loans?

Answer.— To Paris and Bourbon county, $168,653 79; to other coun¬
ties, $77,937 14.

Question 11. — Has your suspended debt been promptly and carefully
attended to by your officers?

Answer— It has.

Question 13.—Have your President and Directors paid the regular calls
on their debts, in the same manner, and at the same rate, as required of the
other debtors?

Answer.— Their debt has, uniformly, been small, and few calls have been
made upon them, in consequence of the smallness of their debt. When calls
were made, they have been met.

Resolved, That it shall be the duly of said committee, at each session of
the Legislature, to examine, within the first thirty days thereof, the condi¬
tion of all the banks in the State—the amount of loans in the aggregate,
and the proportion to the county, and cities, and towns; the amount loaned
to directors, and their liabilities, on bills of exchange; and the several

■ mounts the fifty highest debtors owe in the cities, and inquire into, and re-
'ort all facts necessary to a complete understanding of their management.

'' Answer to Resolution. —The amount of loans in the aggregate, at this
office, was, on the third instant, $246,590 93. The amount to this town
aU d county, and other counties, with which this office has done business,
l ,vill be found in our answer to the tenth question. The amount owing by
the directors of this branch, was, on the third instant, $31,786 67. No
liability on bills of exchange. And the amount owing by fifty of the high¬
est debtors, on the discount line, on the same day, was $150 049 53.

6 R. KEININGllAM, )

HU. J. BRENT, > Committee.

THO. KELLY, Cashier, )

Bourbon Countv, Set: .

Personally appeared before me, E. Thruston, a Justice ot the 1 eace
for said county, Richard Keiningham, Hugh J. Brent, and Thomas Kelly,
cashier, and made oath that the foregoing answers are true, to the best ol
their knowledge and belief.

Given under my hand, this fourth day ol January,

lli. InKUblUlN.

Question 11. Has your branch regularly counted the cash and examined
the bonds of the officers, as required by your charter, and if not, say why it

was omitted? . .. . , .

Answer. —The directors of this office have, at all times, known the in¬
demnity given by the officers of this branch to be ample, and, consequently,
have claimed no renewal of bonds. They have regularly examined the
Cashier’s account, and found entire correctness. But have, at no time,
counted the cash, owing to the most implicit confidence m the Cashier.

R. KEININGHAM, 1
IIU. J. BRENT,

Committee.

Bourbon County, Set: . . ^

Personall appeared before me, the subscriber, a Justice ol the 1 eace
for said county, Richard Keiningham and Hugh J. Brent, and made oath
that the above answer is true, to the best^of their knowledge and beliei.
Given under my hand, January 4, 1S3S.

RICHMOND BANK OF NORTHERN BANK OF KENTUCKY.

Office Northern Bank of Kentucky, )
Richmond . )

At a meeting of the Board of Directors of the office of discount of the
Northern Bank of Kentucky, at Richmond, Daniel Breck, President, Wm.
McClanahan, Cashier, and Curtis Field and Howard Williams, Directors,
were appointed a committee to answer and report upon the interrogatones

propounded by the Joint Committee of the Senate and House of Represen.
tatives of the Legislature of Kentucky, during its present session. The
committee having had said interrogatories, and all matters pertaining therto,
under careful consideration, submit the following answers and report:

To the 1st interrogatory—the committee report that the business of this
Branch has been transacted upon good and safe securities.

To the 2d—That no bad debt or debts, believe to be bad, have been made
since this Branch went into operation—no such debts have been carried to
the account of profit and loss, and no extra sums, other than premiums and
discounts, and the current expenses of the Branch, have been carried to
that account, except the following, to-wit: $1,261 42, being interest at the
rate of 12 per centum per annum, paid by this Branch upon notes and de-
D osits upon which specie was demanded in the year 1837, alter the suspen¬
sion of specie payments, also, $269 01, costs of suits against the Northern
Bank of Kentucky, paid at this office, also, $200 received in counterfeit bank

notes.

To the 3d_The committee answer that there are no debts due this

P.rnnnh considered bad. none even doubtful; nor has this Branch in answer

425

Citizens oi
Citizens of
Citizens of
Citizens of
Citizens of
Citizens of

Clay county,

Knox county,
Whitley county,
Laurel county,
Rockcastle county,
Woodford county,

1,902 02
3,500 00
969 51
1,610 06
1,525 00
500 00

To the 11th—The committee state they believe the requisitions of the
charter have been regularly complied with in examining and counting the
cash, and examining officers’ bonds.

To the 12th—Has been already answered, as this office has no suspended
debt.

To the 13th—The committee state that the aggregate amount due by
note to this office by the President and Directors thereof, is $15,5/2. Up¬
on Bills of Exchange, none of them are under any liability; and the commit-
ttee are not aware that any partiality has been shown in making them
loans, nor have they been treated differently from other debtors in the calls
which have been made upon their debts, and in the payment thereof.

The fifty highest debtors to this Bank on the discount line, owe the ag¬
gregate sum of $93,360.

All which is respectfully submitted, this 31st December, 1838.

DAVID BRECK, Fres’t.

W. McCLANAITAN, Cash.
CURTIS FIELD,

HOWARD WILLIAMS.

Kentucky, Madison county, Set: .

This day personally appeared before the subscriber, a Justice of the
Peace for the county aforesaid, David Breck, William McClanahan, Curtis
Field, and Howard Williams, and severally made oath that the facts stated
in the foregoiug report are true to the best of their knowledge and belief.

Given under my hand this 2d day of January, 1S39.

JOSEPH TURNER, J. P.

[App. to S. J.]

A STATEMENT, showing the Resources and Liabilities of the Northern
Bank of Kentucky, and Branches, each month, from the lsi day of Jan¬
uary, to the 31s< day‘December, 1838, inclusive.

RESOURCES.

183S.

Bills discounted.

Bills of exchange.

Suspended debt.

January,

2,337,793 64

595,462 53

27,217 10

February,

2,272,829 01

504,946 79

30,042 Id

March,

2,24S,707 79

614,386 56

24,107 10

April,

2,303,069 12

651,989 44

22,957 10

May,

2.297,335 94

537,266 19

25,018 42

June,

July,

2,2S2,296 03
2,293,820 93

641,031 35

23,221 99

637,045 84

22,321 99

August,

2,390,447 96

775,946 11

24,321 99

September,

2,409,651 14

1,087,534 78

24,028 19

October,

2,381,537 91

1,563,943 69

20,653 10

November,

2,233,807 12

1,795,301 00

19,110 10

December,

2,049,760 44

1,835,537 02

43,443 71

1838.

State Bonds.

Due from other
banks.

J Real estate.

January, - '

755,000 00

590,812 42

98,129 94

February,

755,000 00

690,121 30

98,118 01

March,

755,000 00

423,781 35

99,118 01

April,

755,000 00

464,219 36

99,139 01

May,

755,000 00

508,551 76

99,139 01

June,

755,000 00

635,203 31

99,155 13

July, -

755,000 00

681,114 14

99,155 13

August,

755,000 00

495,638 70

99,155 13

September, -

755,000 00

475,520 68

99,155 13

October,

755,000 00

276,050 14

99,857 88

November,

755,000 00

296,506 78

99,857 88

December,

755,000 00

565,677 45

100,857 88

Statement of Northern Bank of Kentucky and Branches —Continued

RESOURCES

Notes of other
Banks.

Contingent en-
penses.

January,

February,

March,

April,

May, -
June, -
July, -

August,

September,

October,

November,

December,

Interest ac¬
count.

Protest ac¬
count.

Unmatured

checks.

Premi¬

ums.

January,

February,

March,

April,

May, -
June, -
July, -
August,
September,
October,
November,
December,

Interest paid B’k
U. States.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October.

November,

December,

•i

■

42S

Statement op Northern Bank of Kentucky and Branches— Continued.

LIABILITIES.

1S3S

Capital stock.

Notes in circula-

Due to other

tion.

Banks.

January,

2,659,300 00

1,543,650 00

247,186 18

February,

2,683,310 00

1,571,385 00

273,517 86

March,

2,6SS,595 00

1,496,190 00

247,866 98

April,

2,690,300 00

1,490,495 00

260,821 59

May,

2,706,740 00

1,475,735 00

246,900 10

June,

2,750,815 00

1,499,755 00

248,695 05

July,

2,771,965 00

1,5S1,866 00

246,395 87

August,

2,7S7,125 00

1,617,859 00

197,634 76

September,

2,7S9,090 00

1,821,222 00

270,952 53

October,

2,SOS,865 00

2,101,600 00

205,067 35

November,

2,850,330 00

2,160,977 00

254,574 66

December,

2,895,685 00

2,167,994 00

333,820 88

1S38

Due to Treasur-

Due State ofKy.

Due Commiss’rs

. erU. States.

Sinking Fund.

January,

130,558 54

15,000 00

7 60

February,

111,062 42

March,

81,529 73

April,

66,478 86

May,

61,807 22

June,

60,949 49

July,

56,019 71

August,

51,475 77

September,

41,112 57

October,

31,100 SI

November,

33,S56 03

December,

32,409 32

1838.

Individual

Bank of the U.

Discounts and

depositors.

States.

premiums.

January,

387,217 94

36S,761 80

10,89S 13

February,

393,524 97

36S,761 SO

27,239 89

March,

357,340 20

368,761 80

50,074 01

April,

404,984 29

368,761 81

62,2S9 93

May, -

395,830 75

368,761 SO

SO,819 91

June, -

466,040 60

36S,761 80

July, -

442,326 97

36S,761 80

19,206 78

August,

399,407 76

368,761 80

48,350 29

September,

436,0S6 47

368,761 80

79,471 12

October,

435,792 01

368,761 80

111,721 93

November,

392,407 36

184,380 90

137,152 60

December,

512,677 86

184,380 90

Northern Bank of Kentucky and Branches —Continued

Statement

LIABILITIES,

Treasurer of Kv

Dividends un¬
claimed.

Contingent fund,
and profit &loss.

Due State gov¬
ernment ofllc’rs,

January,

February,

March,

April,

May,

June,

July,

August,

September

October,

November

December,

January,

February,

: March,

: April,

May,

June,

July,

August,

September, -
October,

November,

December,

70,143 98
70,143 98
70,143 98
70,143 98
70,143 98
161,462 94
66,396 96
64,856 96
64,S56 96
64,856 96
64,856 96
211,289 95

| 1838

430

Northern Bank op Kentucky, )
Lexington, January A, 1S39. \

The following resolutions being left by the Committee on Banks, with a
request that the information desired should be furnished by the 5th January
1839, viz:

Resolved, That the Committee on Banks ascertain, accurately, the full
amount of the public deposits of the United States held by the Northern
Bank of Kentucky, and by the Bank of Kentucky, at the beginning of each
month, from the first day of July, 1S3G, to the first of October, 1S37, inclu¬
sive ; and, also, that the Committee ascertain, with certainty, in what man¬
ner said deposits was made by the officers of the federal government, in ei¬
ther of said Banks, whether the money was actually deposited with said
Banks, or if the deposite was made in them through checks, or drafts, or or¬
ders of transfers upon other Banks in the eastern states, or elsewhere
which, at the date of said checks, drafts, or transfers, held the public money
ol the United States on deposite. And, also, ascertain from what places the
public money of the United States was transferred to the said Kentucky
Banks, and the time when such sum received by them was deposited with
them, or either of them. And, also, that the committee require of the said
Banks to exhibit the evidences of calls made upon either of them during the
period aforesaid, by the Secretary of the Treasury of the United States, for
any part of the public money so deposited with them. And if such calls
were made, that the directory of said Banks show to the Committee the
several amounts called for, and to what places the said Banks were ordered or
required, on the part of the United States, to transfer the amount called for.
And that the Committee ascertain if the said Banks did not meet or comply
with said calls through the medium of bills of exchange, purchased from
the trading and mercantile people, and checks, or bills of exchange, or drafts
sold by said Banks to other persons; and that said Committee report to this
House all the facts involved in the inquiries herein directed—stating there¬
in in what sort of funds the Banks met these calls of the United & States,
and by what means they were enable to meet them.

Resolved further, That the Committee ascertain at what discount, if any,
did the Northern Bank sell the bonds she had purchased from the Governor
of this State, to the Treasurer of the United States.

Resolved further, That the committee ascertain from said Kentucky
Banks if the whole amount of the public money which had been deposited
with them for the State of Kentucky, had not, before the 15th day of May,
1837, been either discounted or invested in bills of exchange, and if the
money, so discounted or invested in the purchase of bills of exchange, was,
on the day aforesaid, returned or paid into said Banks.

To which we answer as follows: —

First Resolution.— The account current of the principal Bank and of-
fice at Louisville, with the Treasurer of the United States, (hereto annexed,
marked No. 1, and No. 2,) with the remarks contained in said accounts,

will furnish the information desired by'the first resolution, except as to the
means by which the Bank was enabled to make the payments. On that
subject this Committee would state: that the monies of the United States,
on deposit, entered into the general business of the Bank; part might be
considered as vested in exchange, part in loans, and a part remaining on
deposits; and from the payment by debtors of the bills of exchange; and
loans, and from funds on hand, the Bank was enabled to meet the calls on it.

Answer to second Resolution. —The Bank sold ninety four thousand
dollars of those bonds to the Secretary of the Treasury, at par, and one
thousand dollars to the Secretary of War for nine hundred and eighty dol¬
lars; and the payments were made principally in eastern funds, then worth
one 'per cent, premium, which produced a profit to the Bank of $920, over
the par of the stock sold.

Answer to third Resolution. —The Committee are unable to say
whether all the public money, on deposit, had or had not been invested in
loans, or exchange, before 15th of May, 1S37, as the deposits were notkept
separate or apart from the other funds of the Bank, but mingled in general
deposit. A part of the moneys might be considered as invested in loans
and bills of exchange, some ot which no doubt remain unpaid to this day.

M. T. SCOTT, Cashier.

JN. T1LFORD, Pres'tN

JOHN BRANE, I Com. of Nor.

M. C. JOHNSON, f Bank Ky.

R. WICKLIFFE, Jr. J

Dr.

No. 1.

Treasurer of the United States with Northern Bank of Kentueky, Lexington.

Cr.

1836

August 22, -

To cash for pension fund,

5,000 00

October 10, -

To cash paid J. M. M’Calla, -

3,000 00

October 17, -

To cash paid Thos. B. Monroe,

375 00

November 1,

To cash paid J. M. M’Calla, -

50 tO

November 1,

To cash paid L. Sanders, Jr. -

50 00

1837

January 24, -

To cash paid J. M. M’Calla, -

50 00

January 25, -

To cash paid Thos. B. Monroe,

375 00

January 26, -

To cash paid L. Sanders, Jr. -

50 00

February 27,

To cash for pension fund,

30,500 00

March 29, -

To cash for pension fund,

10,000 00

April 19,

To cash paid Thos. B. Monroe,

375 00

April 21,

To cash paid J. M. M’Calla, -

50 00

April 25,

To cash paid L. Sanders, Jr. -

50 00

May 4.

To cash paid A. D. Stewart,

paymaster Ky. Sabine volun.,

60,000 00

May 23,

To cash paid L. H. West,

80 00

June 14,

To cash paid State of Ky. (on

account of surplus revenue,

100,000 00

June 19,

To cash for pension fund, -

11,000 00

June 19,

To cash for pension fund,

10,780 00

June 19,

To cash for pension fund,

12,4S0 OO

June 19,

To cash for pension fund.

13,000 oo

1S36

August 3, - By cash, in notes of the Banks
of Kentucky paid thro’ this
office at Louisville, - - 100,000 00

August 6, - By cash, in notes of the Banks
of Kentucky paid thro’ this
office at Louisville, - - 100,000 00

August 12, By cash, in notes of the Banks
of Kentucky paid thro’ this
office at Louisville, - - 100,000 00

Augnst 12, By cash, in notes of the Banks
of Kentucky paid thro’ this
office at Louisville, - - 1,350 69

1837

February 11, By cash of C. C. Randall* - 30 00

March 7, - By cash of J. M. M’Calla, mar¬
shall Kentucky district, - 1,000 00

March 29, - By interest on public deposits, 3,0S2 03

June 30, - By interest on public deposits, 3,957 10

Sept. 20, - By cash of A. D.Stewart, pay¬
master, &c. - - - j 15,000 00

June 19, - \ To cash for pension fund.

375 00
240 00
50 00
50 00
60,000 00
9S0 00
2,459 S2
3,000 00

July 17,

July 19,

July 21,

July 24,
August 29, -

November20,
December 4,
December 9,

To cash for Thos. B. Monroe,
To cash for Mrs. A. Davis, -
To cash for J. M. M’Calla, -
To cash for L. Sanders, Jr. -
To cash for pension fund,

To cash, Cashier N. B’k Ky. -
To cash for pension fund,

To cash paid J. M. M’Calla, -

4S3

No. 2.

Treasurer of the United States in account at Louisville Branch Northern Bank of Kentucky.

Dr - Cb.

1836

August 30,

To balance, -

$350,000 00

1386

August 30, -

$350,000 OO

By B. F. Mims, cashier; pay¬
ment of transfer draft N. 1,-
416, on branch State Bank
of Indiana, Indianapolis, in
our favor, payable 31st inst.
[Transfer draft No. 1416 paid
to us in notes of the Kentuc¬
ky and Cincinnati banks,with
$2,811 on St. Louis.]

By Louisville Savingslnstitute,
payment of transfer draft No.
1433 on them; due 1st Sep¬
tember, 1S36,

[Payment of transfer draft No.
1433 and 1434 received in
checks on New Orleans for
about $50,000 ; specie, $12,-
000, and balance in notes of
the different banks received
at our counter.]

By payment of transfer draft
No. 1434 on them, payable
20th September, 1S36,

$150,000 00

100,000 00

I $'350,000 00

PS*

I $3 50,000 00

No. 2—Continued.

! 1836

$554,777 7S j Aug. 30,
I Sept. 16,

By balance, - - * ‘

By office State Bank Indiana, at New
Albany, in payment of transfer draft
No. 1486, payable to this office, 20th
hist., viz :—In silver,

In notes, -

J. R. Shields, cashier, ck. on Bank
of Louisville, -
Do. Bank of Kentucky,

Do. on this office,

[Payment of transfer draft No. 14S6,
for $100,000, received as specified
in entry.]

Sent. 20, 1 By receipt for transfer draft No. 1444

To balance

No. 2—Continued

To cash paid Bank Kentucky,
J. Campbell’s transfer draft,
No. 1652, on this office, pay¬
able 1st Nov., -
[Paid by check of this office in
the Bank of Kentucky.]

To same, J. M. Campbell, trea-
sure’r transfer draft No. 1653,
due 1st December, 1836,
[Paid in bank notes.]

To balance, -

By balance,.

By Branch State Bank Indiana, at N.
Albany, in payment of transfer draft
No. 1487, due this day,

[Paid in check on N. York, $15,000;

balance bank notes of its branches.]
By Louisville Savings Institution, in
payment of transfer draft No. 1435,
due this day, -
[$10,000 in specie ; balance in Ken¬
tucky and Cincinnati bank notes.]
By Louisville Savings Institution, in
payment of transfer draft No. 1436,
due this office 20th Nov. 1S36,
[Paid in notes of Kentucky banks.]

To balance,

By balance,.

By J. G. Read, Receiver at Jefferson¬
ville, la.—In gold,

Silver, -
Bank notes,

By transfer draft No. 156S, paid by Br.

State Bank of Indiana, at Indianap’ls,
[Payment of transfer draft No. 156S
received in—$45,000 specie; $10,-
OOO check on N. York ; balance in

bank notes of Kentucky banks.J

436

bank notes of Kentucky banks.J

By balance,.'

By Branch State Bunk Indiana, at In¬
dianapolis, in payment ot transfer
draft, due this day, - - -

[Paid in checks on N A ork, $110,000;
checks on Baltimore, $51,000; bal¬
ance in Kentucky bank notes.]

By J. G. Read, Receiver at Jefferson¬
ville, la.—In bank notes,

Silver,

Gold,

By Louisville Savings Institution, in
payment of transfer draft No. 1437,
due 20th ihstant, -
[Paid in Bank of Kentucky notes,
$50,000; in Northern Bank notes,
100 , 000 .]

By Commercial Bank of Cincinnati,
transfer draft No. 1626, due 1st in¬
stant, and extended to 1st January,
1837, - - - -

[Payment of transfer draft. No. lGi.6,
received in checks on N. 4!ork for
$100,COO ; balance in Kentucky
bank notes,]

To Bank Kentucky, for trans¬
fer draft No. 1654, on this
office, due and payable 1st of
January, 1837, -
[Paid in Bank of Kentucky
notes.]

To balance,

190,000 00

437

No. 2—Continued.

To Bank ot Kentucky, transfer draft
No. 1655, due 1st February,

[Paid in Bank oi Louisville and Bank
of Kentucky notes.]

To transfer draft No. 27, fav. Treasu¬
rer of the State of Kentucky—paid
Treasurer of said State by placing
the amount to his credit,

To treasury warrant No. 4133, to Lew¬
is Randolph, late Secretary Arkansas
Territory, - - - ' .

[Paid in bank notes and specie.]
Balance, -

By balance, -

By Branch State Bank of In¬
diana, Indianapolis, for pay¬
ment transfer draft No. 1585.
due this day,

[Check on N. York, $10,000
Kentucky Bank notes,$1S2,-
000 ; New Albany, $4,000 ;
Cincinnati, $4,000.]

To transfer draft No. 1788, favor of
Bank of Kentucky, due 15th instant,
[Bank of Kentucky notes.]

Balance,

By balance, -

By transfer draft No. 1627, on
Commercial Bank, Cincinna¬
ti, due 1st January and ex¬
tended to 1st February, by
order of Treasurer,

[By checks on Bank of Ken¬
tucky, Bank of Louisville, and
balance in Kentucky bank
notes.]

43S

$1,102,266 52

By balance, -
By J. G. Read, Receiver, at Jef¬
fersonville, Indiana—

In gold, - - - -

In silver,

By J. G. Read, Receiver, at Jef¬
fersonville, Indiana—

In silver,

In gold, -

[$50,000 Bank of Louisville notes;

$50,000 Bank of Kentucky notes.]
To treasury warrant No. 159, to Trus¬
tees Marine Hospital, Cumberland,

Ky ” ' ', ' • i ‘

[Bank notes and specie.]

To transfer draft No. 17S9, favor of
Bank of Kentucky, due this day, -
[Paid in Bank of Kentucky notes.]

To transfer draft No. 133, to State of
Kentucky—this day passed to the
credit of the Treasurer of same,
[Afterwards transferred to Bank of
Kentucky, and paid ; together with
a further balance—silver, $100,000 ;

■M. •• •, >Si.-;

‘ “ • i .i^gSsr— -

No. 2—Continued.

April 14, To transfer draft No. 1787, fav. Bank
Bank of Kentucky,

[Bank notes.]

April 19, To transfer draft No. 1922, favor of
the Planters’ Bank of Tennessee, due
July 24,1S37, -

[Paid by check on New York.]

April 19, To ditto, for ditto, No. 1920,due June

24, 1837,.

[Paid by check on New York.]

April 30, To Balance,.

100,000 00

1S37

Mar. 31, By balance, -

$706,4S7 45

100,000 00

406,487 45

$706,4S7 45

$706,487 45

1837 1837

May 13, To transfer draft No. 6424, fav. Capt. April 30, By balance, - - - - $406,487 45

Brown,. 21,000 00 May, 1, By J.G. Read, Receiver, at Jef-

[Paid in specie.] fersonville, Indiana—

May 13, To balance, ----- 405,372 45 In gold, - - - . S07 91

In silver, - - - 19,077 09

$426,372 45

440

[App. to S. J.

same

105,231 45

By balance, -
By balance, -
By balance, -
By balance, -
By balance, -

105,231 45

June 15, To State transfer draft No. 252, paid
Treasurer State of Kentucky,
[Transferred to Bank Kentucky—(see
entry March 31.]

June 19, To treasury warrant No. 6, Henry
Hollingsworth, - - - -

June 19, Balance,

141 00
305,231 45

405,327 45

July 17, To transfer draft No. 1943, favor of

Bank of Virginia, due 1st July, - 100,000 00

[Paid by Northern Bank.]

July 17, To transfer draft No. 1983, favor of

^ same, ------ 100,000 00

[Paid by Northern Bank.]

July 17, Balance, - 105,231 45

305,231 45

13, By balance,

405,372 45

By balance, -

[In notes of Bank U. States,
Bks. in Virginia, checks on
Banks Metropolis, and on
Banks in New York.]

305,231 45

Dec. 4, To warrant No. 3065, favor of II. M.

Shreve, ------

[U. S. Bank notes, $3,000; Kentuc¬
ky bank notes, $2,000.]

Dec. 6, To warrant No. 2995, favor of John
Tilford, Pension Agent,

Dec. 31, Balance,.

5,000 00

67,540 18
32,691 27

105,231 45

No. 2—Continued

1838
Jan. 4,

Jan. 18,

To warrant No. 3065, favor of Ver-
plank Van Antwerp, -
[Gold, $2,000 ; U. States Bank notes,
$1,000; Kentucky notes, $2,000.]
To warrant No. 3112, favor of H. M.

Shreve—(our own notes)— -
Balance, - -

5,000 00

10,120 00
17,571 27

1837

Dec. 31,

By balance, -

32,691 27

Feb. 14,

Feb. 27,

To warrant 3218, favor of Wm. Mc-
Knight, Superintendent,

To warrant No. 3248, favor of E.

R. Long,.

[Bank notes, Ky.]

Balance,.

14,000 00

200 00

3,371 27

1838

Jan. IS,

By balance, -

17,571 27

Mar. 30,

To warrant No. 3333,favor Louisville
Savings Institution, -

[Specie.]

To balance,.

2,780 77

590 50

Feb. 27,

By balance,

3,371 27

442

To warrant No. 2035, favor of Trus
tees Cumberland Hospital,

[U. States Bank notes and specie]

Louisville, December 26, 1S3S

590 50

1838

Mar. 30, By balance

590 50

F. X. WHITE, Gen’l Bk'r.

•u.

444

BANK OF LOUISVILLE.

Answers to the Questions propounded by the Joint Committee of the
Senate and House of Representatives of Kentucky on Banks:

Question L-—Has the Bank of Louisville complied with the second and
third sections of the act, approved the 16th February, 1S38, entitled, an
act dispensing with quarterly and substituting monthly statements, and pro¬
viding tor monthly balance sheets to be lodged with the Secretary of State?
Answer.— Yes, so far as relates to this Bank.

Question 2.—Will the reports of the Bank of Louisville to the Secretary
of State exhibit the true condition of said Bank at the close of each month
from the 1st January, 1838, to the 1st January, 1839, and if they will not|
then exhibit such a statement in connection with your answer to this ques¬
tion?

Answer.— They will.

Question 3.—Has the business of the Bank of Louisville been translated
on good and safe security?'

Answer.— Yes, to the best of our judgment.

Question 4.—V hat amount of bad debt have you made since you went
into operation, and what amount of bad debt has been carried to the ac¬
count ot profit and loss, and what other sums have been carried to said ac¬
count?

Answer.—N o bad debts to our knowledge have been made, therefore
none have been carried to the debit ot profit and loss account. Other
amounts usually carried to that account, are the expenses of the Bank, semi¬
annually, premium of Bills of Exchange, and discount on notes, and sur¬
pluses and deficiencies in the cash, which sometimes occurs in small amounts
and when the errors, by -which they arise, cannot be traced. A transcript
of the profit and loss account will be furnished, if required.

Question 5. Vv hat amount of debt due your Bank are considered
doubtful?

Answer.. —In relation to the doubtful debts of the Bank, it is difficult to
say the Board would reluctantly consider any doubtful, but in order to
meet the question, they believe $20,000 a large estimate, but will state it at
that, in order to not be under the mark.

Question 6.— Has the deferred debt in the Bank of Louisville been re¬
duced m accordance with the terms on which they -were deferred?

Answer.— Yes, but with very few exceptions.

Question 7.— Has that part of the capital employed in exchange yielded
a greater profit than the part employed in direct loans, and if it has yielded
a greater profit, how much, or what per cent., and if it has not, why has it
been employed in exchange?

Answer. The net profits on exchange have been greater than on
notes, but, we think, one percent., in proportion to the amount invested.

445

Question 8.—Is there greater punctuality in paying Bills of Exchange,
than in paying notes discounted?

Answer. —We think there is not greater punctuality in paying Bills of
Exchange than notes discounted; much punctuality has been observed in
both, with the exception of bills in the difficult times of 1837. Bills are
more available because the Board is not liable to be called on to aid in pay-
men t—on notes they frequently are.

Question 9.—Has the Bank, when applied to for loans of money, ever
refused it by way of discount, and given it on Bills of Exchange for the sake
of the exchange over and above the interest?

Answer. —We have no recollection of any case of refusing to discount
a note, with a view to getting a Bill of Exchange from the same parties,
but the Bank has frequently preferred exchange, both as it regarded profit
and a proper division of its means between notes discounted and Bills of
Exchange; and the Board would prefer at this time a larger proportion of
Bills of Exchange than they have. Towards Bills of Exchange, not found¬
ed on actual business, or not fortified by undoubted names, no encourage¬
ment, whatever, is shown; with undoubted names a note is as readily dis¬
counted as a Bill of Exchange, unless the discount line is disproportionably
large.

Question 10.—Has the Bank purchased Bills of Exchange, and taken off
■the interest and exchange, with an understanding that the bills were not to
be sent for collection, but to be retained and paid at the Bank at maturity?

Answer. —Never.

Question II.—Has the Bank ever taken a greater rate of interest than
one per cent, for every sixty days?

Answer. —The Bank has always calculated interest on the principal of
Rowlett’s Tables of Interest, as authorized by the chdrter, which is one per
cent, for sixty days.

Question 12.—Has the Bank discounted notes, or bills, with an under¬
standing that .the amount was to be taken in notes of less value than the
notes of the Bank?

Answer. —Never.

Qnestion 13.—Why does your Bank charge one half of one per cent, ex¬
change between different places in your own State?

Answer. —Because it is in accordance with the Board’s view of its value.
It must be obvious that when bills are collected at a point not immediately
available at par, the i of 1 p. c. exchange is a small equivalent. In some cases
they are not available for months, there being no demand for checks on
those points, and because Exchange is in favor of Louisville from every
point in the State.

Question 14.—Why has your Bank charged so high a rate of exchange
on New Orleans and other places in the South?

Answer. —We have not for more than eighteen months purchased ex¬
change on the South, except on New Orleans. We have charged but 2 per
cent, since it was reasonably certain that the New Orleans Banks would re¬
same payments in specie on 1st January, 1839: before this was reasonably
certain, we charged from 3 to 5 per cent., and these we do not consider
high: 1st. Because we expected to resume, and did resume, before the N.

Orleans Bank were ready to resume. 2d. Because the rate of exchange
between New Orleans and N. York was high. 3d. Because the domesticex.
changes of the whole Union were very much deranged. 4th. Because of
the uncertainty as to the time when we could hope to realize, in par funds
at Louisville, the amounts invested in such bills. 5th. Because New
Orleans Bank notes were selling in this market at from 6 to 10 per cent. dis.
count, and we could get nothing but those notes at New Orleans for collec-
tions there, without submitting to the current exchanges of New Orleans
to procure bills on other places. 6th. Because, considering the hazard and
delay, the Board believed it was worth as much as they charged for making
those negotiations.

Answer. —In no case, whatever, where the Board were equally well ao
quainted with the responsibility and punctuality of the applicants.

Question 16.—Can you state and exhibit the aggregate amount loaned to
citizens of Louisville, and the aggregate amount to citizens of other coun-
ties, separately?

Answer. —The aggregate amount of loans, on notes discounted, to'citj.
zens of Louisville, up to the 31st instant, is $928,000; to those out of Lou¬
isville, of other counties in the State, $130,000; on Bills of Exchange, to
cititizens of Louisville, $264,000; out of Louisville, about $80,000.

Question 17.—Has your Bank neglected to fill any vacancy in the Direc¬
tory of the Bank, and if so, say how long the vacancy was suffered to exist,
and why?

Answer. —-No.

Question 18.—Has your Bank regularly counted the cash, and examined
the bonds of the officers as required by your charter, and if not, say why it
was omitted?

Answer. —Yes.

Question 19. — Has your suspended debt been promptly and carefully at¬
tended to by your officers?

Answer. —Yes, to the best of our knowledge and belief.

JNO. S. SNEAD, President.
ALFRED THRUSTON, Cash.
VIRGIL McKNIGHT, ) Com. of
ED’WD CROW, | Directors.
Commonwealth of Kentucky, )

Jefferson county , \

Personally appeared before me, a notary public for Jefferson county,
duly qualified and sworn, John S. Snead, Virgil McKnight, Alfred Thruston
and Edward Crow, made oath that the answers hereto prefixed are just and
true. In testimony whereof, I have subscribed my name, and affixed my seal
of office, this 31st day of December, 1838.

JOHN P. MILLER, N. P.

Note. —To question 20th, the information called for, by the resolution of
23d February, 1837, is embraced in answer to questions of the committee,
and in semi-annual statements of the Bank required to be made to the Sec¬
retary of State.

A. THRUSTON, Cash.

1838

Bank checks.

1838.

anuary,

RESOURCES.

Due from otherl Real estate.

17,240 90
24,853 94
32,775 90
31,875 90

66,404 41
63,013 76
46,684 19
51,343 92
71,932 21
110,719 16
111,214 66
119,506 26
68,946 73
72,296 36
55,353 32
54,578 61

45,116 99
45,134 99
45,149 99
45,945 93
45,945 93
45,945 93
45,945 93
45,945 93
45,945 93
45,945 93
45,945 93
45,945 93

A STATEMENT, showing the Resources and Liabilities of the Bank of
Louisville, each month, from the 1st day of January, to the 31st day De¬
cember, 1838, inclusive.

Bills discounted. iBills of exchange.! City loans.

: i

448

Statement or Bank or Louisville— Continued.

RESOURCES.

1S38.

Expense acc’t.

Notes of other
Banks.

Specie on hand.

January,

„ j

5,293 51

9,445

152,91S 23

February,

5,956 41

41,285

153,308 45

March,

5,946 70

106,859

152,740 23

April,

6,967 00

77,1S6

152,145 92

May,

8,258 40

84,865

153,251 09

June,

8,232 95

67,790

155,761 46

July,

258 32

84,477

155,647 44

August,

2,377 82

46,275 00

156,005 09

September,

2,402 23

■ 82,560 7S

151,078 42

October,

3,369 39

91,706

148,756 40

November,

4,487 45

-85,953 OS

145,043 23

December,

4,551 72

| 79,415

142,946 61

1838,

Total.

January,

1,356,067 41

February,

-•

1,456,238 S3

March,

1,644,484 54

April,

1,664,237 64

May, -

1,749,126 87

June, -

1,742,789 69

July, -

1,714,670 96

August,

1,682,666 65

September,

1,681,275 20

October,

1,732,947 43

November,

1,820,457 98

December,

1,823,971 88

449

Statement of Banic of Louisville— Continued.

450

Statement of Bank of Louisville —Continued.

LIABILITIES.

183S

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

Commissioners

Sinking Fund.

5,750 00

Total.

1,356,067 41
1,456,238 S3
1,644,484 54
1,664,237 64
1,749,126 87
1,742,789 69
1,714,670 96
1,682,666 65
1,681,275 20
1,732,947 43
1,820,457 98
1,823,971 88

LOUISVILLE SAVINGS INSTITUTION.

Louisville Savings Institution,

December 22, 1S3S.

The following answers are given to the interrogatories propounded to the
officers of this "institution by the Committee of the Senate and House of
Representatives of the Commonwealth of Kentucky:

Question 1. —Has your Institution complied with the second and third
sections of the act, approved the 16th February, 1838, “entitled, an act dis¬
pensing with quarterly, and substituting monthly statements, and providing
for monthly balance sheets to be lodged with the Secretary of State?”

Answer. —We believe the law. has been complied with since the Institu¬
tion received advice of its passage.

Question 2.—Will the reports of your Institution, to the Secretary of
State, exhibit the true condition of the Institution at the close of each
month, from the 1st of January, 1838, to 1st January, 1839, and if they will
not, then exhibit such a statement in connection with your answer to this
question?

Answer. —Yes.

Question 3.—Has the business of your Institution been conducted on
good and safe securities?

Answer. —Yes.

——

451

■anrw

Question 4.— What amount of bad debts have you made since your Insti¬
tution went into operation, and what amount of bad debts have been carried
to the account of profit and loss, and what other sums have been earned to

said account?

Answer. —The amount carried to the debit of profit and loss account
since the Institution commenced business, is $2,9S0 32, independent of the
expenses of the Institution, the amount paid for merest on special deposits,
and the amount of the contingent fund.

Question 5.—What amount of debts due your Institution are considered

doubtful?

Answer. —Thirty five dollars.

Question 6.—Has the deferred debt in your Institution been reduced in
accordance with the terms on which they were deferred?

Answer.— The Institution has no deferred debt, unless the debts on ac¬
commodation notes are so considered. These, when not paid at maturity,
have been reduced from ten to twenty five per cent, on every renewal.

Question 7.—Has that part of the capital employed in exchange yie ded
a greater profit than the part employed in direct loans, and if it has yielded
a greater profit, say how much, or what per cent., and it not, then say y
it has been employed in exchange?

Answer.— It has yielded more. The exact difference it would be difficult
to ascertain. A portion of the means of the Institution is employed in ex¬
change, to give greater facility to trade; and because this manner o em¬
ployment, affords a more punctual return of the money “ lB * lls

Exchange are not, like accommodation and other notes, expected to be le
newed, or paid by instalments.

Question 8.— Is there greater punctuality in paying Bills of Exchange,
than in paying notes discounted?

Answer. —Yes.

Question 9.—Has the Institution when applied to for a loan of money, ev¬
er refused by way of discount, and given it on Bills of Exchange, for the
sake of the exchange over and above the interest?

Answer. —No. ,

Question 10.— Has the Institution purchased Bills of Exchange, and taken

off the interest and exchange with an understanding the Bi s w

not to be sent for collection, but to be retained and paid at the Institution at
maturity ?

Answer. —No. .

Question 11.— Has the Institution ever taken a greater rate of interest

than one per cent, for every sixty days?

Answer. —No.

Question 12.— Has the Institution discounted notes or Bills of Exchange,
with an understanding that the amount was to be taken in notes of less
value than the notes of the Bank ot Kentucky.

Answer.— The Institution has sometimes paid the proceeds of discounted
notes and bills in Kentucky, Cincinnati, Indiana, and Illinois Bank notes,
indiscriminately—sometimes specially, when these several descr,prions of
Bank notes were received in payment of debts, and on deposit at pai.

453

Question. —Why has your Bank charged one half of one per cent, ex-
change between different places in your State?

Answer. —To cover the expenses of collection, and the loss of interest
after payment, until the amount can be returned and made available?

Question 14.—Why has your Bank charged so high a rate of exchange
on New Orleans, and other places in the South? h

Answer. —This Institution, after the suspension in 1S37, declined, until
recently, the purchase of bills on the South, owing to the great depreciation
of the southern currency. At present the rate of exchange on New Or-
leans is about the same it was before the general suspension of specie pay.
merits in 1837.

Question 15. —Has your Bank extended accommodations to citizens of
your city and county, in preference to the citizens of other counties, wherq
the notes or bills offered, from such other counties, were equally good?

Answer. —No,

_ Question 16.—Can you state and exhibit the aggregate amount loaned to
citizens of Louisville and of Jefferson county, and the aggregate amount to
citizens of other counties separately?

Answer.— Not conveniently. To the management of the Institution
such an exhibit would be useless; and as it was not anticipated that occa¬
sion might ever arise to make it necessary, the books were kept without
any view to it. We think, however, that the amount loaned to persons re-
siding out of the city is about one tenth or one twelfth part of the entire
loans of the Institution.

Question 17.—Has your Bank neglected to fill any vacancy in the Di¬
rectory of the Bank; and if so, say why?

Answer. —No.

Question IS.—Has your Bank regularly counted the cash, and exam¬
ined the bonds of the officers as required by your charter, and if not, say
why it was omitted?

Answer. —Yes.

Question 19. — Have you any suspended debt, and what amount, and
has it been promptly and carefully attended to by your officers?

Answer.— The Institution has a suspended debt of thirty five dollars
which is in suit for collection.

Question 20.— We call your attention to the questions stated in the reso¬
lution ol the Legislature, February, 1S36-7, and your answers thereto may
be referred to by you as the answers to some of the foregoing questions?

Answer. 3 he following statements furnish all the information, (required
by the lesolution referred to,) not embraced in the answers to the foregoing
questions:

The stock of the Institution is owned by 138 individuals, and two incor¬
porated companies.

During the present year, the Institution has declared two dividends—one
of six per cent, on the first Monday of January, and the other of five per
cent, on the first Monday in July.

The amount of discounted bills oi bxcnange returned piui.eai.eu .
the present year, is $9,432 89, all of which were taken up immediat
their return.

Clastification of notes, at present under discount, in the Institution

60 are $100 and less;

289 are from 100 to $500

44 are from 500 to 1,000

6 are from 1,000 to 1,500

2 are from 1,500 to 2,000

3 are from 2,000 to 2,500

2 are from 2,500 to o,000

1 are from 3,000 to 3,500

G. W. MERIWETHER, Prest.
JONAS H. ROIillER, Treas.

Table showing the condition of the Louisville Savings Instit
end of each month, from lsi January, 183S, to December 25
from the weekly statements of the Institution nearest the end o

RESOURCES,

1838

Bills discounted.

Bills ofexchange.

Suspended debt.

January,

February,

March,

April,

May,

June,

July,

August,

September,

October.

November,

December,

145,221 G7
151,995 15
147,8SS 23
137,2S6 40
138,327 34
139,954 23
141,946 69
147,479 2S
140,290 85
131,653 29
134,022 00
129,957 03

40,461 22
4S,806 64
51,524 49
51,345 35
4S.144 04
51.3S9 67
54,736 32
49,824 34
52,S93 73
74,917 09
85,721 48
S0,6S2 02

150 00
150 00
150 00
150 00
150 00
150 00
150 00
150 00
150 00
50 00
35 00
35 00

454

Louisviuue Savings Institution— Continued

RESOURCES.

1S3S.

Int. on deposit,
and expenses..

Real estate.

Due from Banks,

January,

89 S8

10,000 00

37,091 49

February,

416 23

10,000 OH

36,148 69

March,

509 13

10,000 00

20,979 31

April,

1,081 93

10,000 00

36,613 45

May, -

1,766 99

10,000 00

34,225 87

June, -

1,846 93

10,000 00

23,120 58

July, -

423 65

10,000 00

83,077 37

August,

1,345 45

10,000 00

59,362 13

September,

1,505 15

10,000 00

56,014 20

October,

2,353 55

10,000 00

50,99S 26

November,

2,463 6S

10,000 00

43,254 34

December, - - J

2,627 46

10,000 00

46,648 12

IS3S

Due from super-

Cash in transitu.

Specie.

intended ts on riv.

January,

2,412 55

4,9S1 01

151,343 59

February,

1,326 57

4,981 01

145,284 03

March,

6,326 57

—

159,018 42

April,

6,326 57

—

169,SOS 12

May,

17,620 07

203,547 09

June,

4S 00

—

250,636 32

July,

4S 00

177,599 65

August,

93 50

26,450 79

September,

41 00

—

36,130 60

October,

41 00

57,961 82

November,

41 00

74,889 58

December,

41 00

' -

129,108 49

183S

Bank notes and

Total.

Treasury notes.

January,

27,335 00

419,0S6 41

February,

16,7S5 00

415,893 32

March, -

69,3S0 00

465,776 15

April, -

100,200 00

512,SOS 82

May, -

55,408 00

509,189 40

June,

36,900 00

514,045 73

July,

32,760 00

500,741 68

August, -

61,400 00

356,105 49

September,

55,575 00

352,600 53

October,

78,950 00

406,925 01

November,

75,000 00

425,427 OS

December,

162,100 00

561,199 12

LIABILITIES,

Dae to Banks

Treasurer U. S.
& public officers

Louisville Savings Institution— Continued.

January,
February,
March, -
April, -
May, -
June,

July,

August, -
September, -
October,
November,
De cember,

1S3S

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

183S

Capital st’k. Contingent Deposits at 4 Individual
fund. per ct. int’st. deposits.

104,736

104,776

104,812

104,882

104,904

104,940

15,709 40
15,709 40
15,715 40

15.720 SO

15.720 SO
15,731 30
15,734 60
15,740 00
15,740 00
15,740 00
15,740 00
15,740 00

32,827 93
32,217 93
31,442 93
45,562 93
44,S22 97
42,720 47
42,160 72
39,222 13
44,292 13
44,377 13
41,663 13
41,152 13

113,906 62
116,039 40
143,350 98
140,247 52
164,504 S5
165,413 59
149,971 24
136,898 S6
73,365 90
85,170 12
93,55S 72
86,482 S2

Other deposits. Profit & loss, and Unclaimed clivi-
v dends.

1,902 79
S43 67
560 73
398 13
39S 13
292 01
2,169 91
9S4 21
785 91
749 41
720 11
658 71

1838

January,

February,

March,

April,

May,

June,

July,

August,

September,

October,

November,

December,

Total.

419S,06 41
415,893 32
465,776 15
512,808 S2
509,1S9 40
514,045 73
500,741 68
356,105 49
352,600 53
406,925 01
425,427 OS
561,199 12

MECHANICS’ SAVINGS INSTITUTION OF LOUISVILLE.

Mechanics’ Savings Institution of Louisville, )
December 31, 1S3S. J

The officers of the Mechanics’ Savings Institution of Louisville respectful,
ly make the answers following, to the several questions submitted to them
by the Honorable the Committee of the Senate and House of Representatives
of Kentucky:

Question 1 . — Has the Louisville Mechanics’ Institution complied with the
2d and 3d Sections of the act, approved the 16th February, 1S38, entitled an
act dispensing with quarterly and substituting monthly statements, and pro-
vidmg lor monthly balance sheets to be lodged with the Secretary of State!

Answer.— Monthly statements have been transmitted to the Secretary
of State, though not regularly, under the impression that they would not be
required until the meeting of the Legislature.

Question 2.— Will the reports'* of your Bank to the Secretary of
State exhibit the true condition of said Bank at the close of each month
from the 1st January, 1838, to the 1st January, 1839, and if they will not'
then exhibit such a statement in connection with your answer to this nues'
tion? 1

Answer.— The returns, as made, do show, as we believe, the true condi¬
tion of the Institution.

Question 3. Has the business of the Bank been transacted on good and
sate security? °

Answer.— Yes, we consider them entirely so.

Question 4.—What amount of bad debts have you made since you went
into operation, and what amount of bad debts has been carried to the ac¬
count of profit and loss, and what other sums have been carried to said ac¬
count?

Answer. It is believed that no bad debts have been made
been taken to account of profit and loss.

Question 5.— What amount of debts due your Bank are
doubtful?

none have
considered

Answer.— We do not consider any debt due to the Institution at all
doubtful; in this, however, we may be mistaken; the notes due are generally
small in amount, say from $25 to 8300, very few over the latter sum, ex-
cep ting stock notes and notes consolidated for renewal.

Question 6.—lias the deferred debt in the Bank been reduced in ac¬
cordance with the terms oil which they were deferred?

Answer.— There are no deferred debts due to the Institution.

Question 7.— Has that part of the capital employed in exchange yielded
a greater profit than the part employed in direct loans, and if it his yielded

457

a greater profit, how much, or what per cent., and if it has not, why has it
been employed in exchange?

Answer. —The Institution has done but little exchange business, not hav¬
ener at any one time, an amount over $20,000 on account of exchange,
which has yielded a greater profit than by direct loan, what per cent, over,
it is difficult to say with certainty.

Question 8.—Is there greater punctuality in paying Bills of Exchange,
than in paying notes discounted?

Answer. —From the experience we have had, we are inclined to believe
that bills of exchange are met fully as promptly, if not more so, than notes
discounted; only one bill having ever been returned unpaid, and that
promptly taken up.

Question 9.—Has the Bank, when applied to for loans of money, ever
refused it by way of discount, and given it on Bills of Exchange for the sake
of the exchange over and above the interest?

Answer. —We know of no case of an individual being refused accommo¬
dation by regular discount, and afterwards accommodated by bill of ex¬
change.

Question 10.—Has the Bank purchased Bills of Exchange, and taken off
the interest and exchange, with an understanding that the bills were not to
be sent for collection, but to be retained and paid at the Bank at maturity?

Answer. —N o.

Question IT.—Has the Bank ever taken a greater rate of interest than
one per cent, for every sixty days?

Answer.— The Institution has charged interest only as is allowed by the
9th section of the act of its incorporation, according to the rules laid down
in Rowlett’s table of interest.

Question 12.—Has the Bank discounted notes, or bills, with an under¬
standing that the amount was to be taken in notes ol less value than the
notes of the Bank of Kentucky?

Answer. —No bank notes have been paid out on account of bills discoun¬
ted, or for the purchase of bills of exchange, but such as were received on
deposit and for the payment of debts, at par with the notes of the Bank of
Kentucky.

Qnestion 13.—Why does your Bank charge one half of one per cent, ex¬
change between different places in your own State?

Answer. —Because of the risk and expense of remittances, and of the
and of the length of time that such funds are often not available.

Question 14.—Why has your Bank charged so high a rate of exchange
on New Orleans and other places in the South?

Answer.— We have purchased no exchange upon New Orleans, or any
other place in the south.

Question 15.— Has your Bank extended accommodations to the citizens
of your city and county, in preference to the citizens of other counties,
when the notes and bills offered from such other counties were equally good?

Answer. —The institution has made no such distinction.

Question 16.— Can you state and exhibit the aggregate amount loaned to
58 [App. to S. J.J

Question 17.—Has your Bank neglected to fill any vacancy in the Direc¬
tory of the Bank, and if so, say how long the vacancy was suffered to exist,
and why?

Answer. —We remember of no vacancies having occurred.

Question 18.—Has your Bank regularly counted the cash, and examined
the bonds of the officers, as required by your charter, and it you have not,
say why it was omitted?

Answer. —We have regularly counted the cash and examined the bonds
of the officers.

Question 19.—Has your suspended debt been promptly and carefully
attended to by your officers?

Answer. —It has.

Question 20.—Your attention is called to the resolution of the Legis¬
lature of 1S37, and your answers to that resolution, so far as they area
reply to to foregoing questions, may be referred to by you as your answer
to that extent?

Answer.- —In answer to this question, we make the following statement
which, in addition to the foregoing, and our monthly reports, we believe to
be all that is required by the resolution referred to. The stock of this In¬
stitution is owned by one hundred and forty eight persons, none but one of
whom own over $2,000 of stock. The Institution has declared four divi-
dends since it went into operation, three of four per cent, and one of three
per cent.

Classification of notes at present under discount in the Institution.

297 notes of $ 100, and under.

519 “ from 100 to 500.

15 “ from 500 to 1,000.

1 “ from 1,000 to 1,500.

832 notes due by 37S individuals as principals,

S. GWATHMEY, Pres’t.

H. S. JULIAN, Treasurer.
JESSE CHRISTIE, Secretary.

RESOURCES,

Interest

and

expense ac¬
count.

Bills discount-

DATE.

January,
February,
March, -
April, -
May,

June,

July,

August, -

September,

October,

November,

December,

Due from T’r
City of Lou¬
isville.

Real estate. Due from
Banks.

January,
February,
March, -
April, -
May, -
June,

July, -

August, -

September,

October,

November,

December,

460

Mechanics’ Savings Institution— Continued,

RESOURCES,

LIABILITIES.

DATE.

Capital

Stock.

Special de- Individual
posits at in- trancient
terest. deposits.

Wk’y

dep’s.

January, ....

S2,850

S,762 68 42,244 23

914

February, -

82,850

9,580 68 53,643 64

1,142

March,.

82,S50

13,787 68 44,194 67

1,344

April,.

82,S50

15,527 68 42,326 SO

1,493

May, -----

82,850

14,574 6S 47,938 12

1,637

June,.

82,850

14,371 5S 77,774 91

4,615

July, -----

88,200

14,571 58 45.S30 18

875

August, -

88,‘cOO

21,009 58 ■ 32,229 04

1,013

September, -

88,200

22,271 5S 45,470 48

1,168

October, ....

87,225

23,291 58 60,757 88

1,368

November, ?

87,825

22,154 00 49,975 32

1,642

December, -

87,975

23,126 00 69,921 12

4,402

DATE.

City of Lou¬
isville Sk’g
Fund.

Bank notes
and silver.

January, ....

27,589 08

February, - - -

—

25,631 41

March,.

20,073 92

April,.

—

25,903 67

May, -----

—

23,473 58

June, .

—

46,494 24

July, -

" —

25,056 61

August, -----

20,318 42

September, -

194 53

29,259 08

October, -

33,704 53

November, -

26,580 01

December, - - - -

—

40,426 65

Mechanics’ Savings Institution —Continued.

LIABILITIES.

DueT’rC’y

Louisville.

Due to
Banks.

Discounts

and

Premiums.

DATE.

January,
February,
March, -

April, -
May, -
June,

July,

August, -

September,

October,

November,

December,

City Louis¬
ville Sk’ng
Fund.

Unclaimed

dividends.

DATE.

January,
February,
March, -
April, -
May, -
June,

July, -

August, -

September,

October,

November,

December,

462

THE LOUISVILLE GAS AND WATER COMPANY.

Office Louisville Gas and Water Company, i

December 24, 183S. j

Gentlemen:

Your favor of the 23d instant, inclosing questions in relation to this
Institution is received, to which I have the pleasure to hand you the follow
ing answers:

Question I.—What amount of stock has been subscribed by the ntv„r
Louisville?

Answer —4,000 shares.

Question 2. —What amount of stock has been subscribed by individvals
and corporations, other than the city of Louisville?

Answer. —Individual subscriptions, - - - 2,500 share.

By the Marine and Fire Insurance company, 200 do
By the Firemen’s do. do. ' 200 do'

By the Franklin do. do. 100 do

In the aggregate, - - - 3,000

Question 3.—When were the books of subscription closed, and whenth#
first Board of Directors chosen?

Answer.-- -The books of subscription was closed July 24, 1838, and the
first Board of Directors chosen August 3, 1S3S.

Question 4.—What payments has the city made on her stock, and what
payments has she yet to make?

Answer,— The city of Louisville executed her bonds for $200,000, bear¬
ing interest at 6 per cent., per annum, in payment of her subscription to
the extent of 2,000 shares; the residue of her stock to be paid for byap-
plying the excess of her dividends, first discharging the interest on her
bonds.

Question 5.—What payments have the other stockholders made, and
what payments have they yet to make on their stock?

Answer.— Three instalments of $5 each is due, and paid by the other
stockholders, (with a very few exceptions:) a fourth instalment of $5 will
fall due January 24, 1839; the residue, say 80 per cent., is payable in 10
per cent, calls each, July and January thereafter, until the entire stock is
paid, which requires four years from January, 1839.

Question 6.—What use will the company be able to make of the city
bonds taken, and to be taken, in payment of city stock?

Answer.— The present order of the Board is to hypothecate the bonds on
a loan of money, it to be had ; they are, as yet, held as a 6 per cent, fund
by this Institution.

Question 7.— When did the company commence operations as a banking
company ? b

Monday, the 26th day of November, confining their busi-
ase of Bills of Exchange, and Bank note exchange.

What step have the company taken to commence the work
ity of Louisville with gas?

-Has the company had a plan of the proposed gas works
a estimate of the costs, and if so, what is the estimated

I take pleasure in stating

v _ jpon with peculiar interest

order of the Board was to direct
' ' ’ rsons in Philadelphia,

likely afford the best information as

. In conformity with

the places above
and without a
of the Phila-
our country to undei-
iy addressed S. V. Merrick, Esq., of Philadel-
’ ■ ■ ' -- his reply, I have Ins prom-

j y _■_ 1 o : ve an

made of the costs of
made, from^which to commence a survey-
rival of Mr. Merrick, to whose su-
wliom this community

be suffi-
ithout selling

lue in the month of January, and
y dollar of which, from the character
1 On the 1st of July and January
further sum of $30,000, making an
which I conceive will be more than sufficient
the erection of the works.

Answer.— In reply to these interrogatories,

-hat this branch of the subject has been 1"~
llV this institution; accordingly the first
the President to open a correspondence with such per
New York, or Boston, as would most 1 .

[ 0 the best mode of establishing gas works in this city •

order, 1 instituted a correspondence with gentlemen at
named, all of which were not in a very satisfactory mamiei,
dissenting suggestion all concur in referring to the piojectoi
delphia Gas Works, as the most desirable person m <
take such a work. I accordingly ~—--.

nliin to know if he would undertake the work ; in , - „ n

£ loldertake the work, anti that he will be with us m «• to “

early start in the coming spring. No estimate can be i- - .

the work until the location is
nothing further can be done until the ar
perintendence the work will be submitted, and m
have the highest guarrantee of a satisfactory result.

Question 10.—Will the payments from individual stockhol.de

eie°t to co™tvuct ,h e Gas Wirks, within the three years, w,

the city bonds?

Answer. —The payments on stock
already made, amount to $60,000, eve
of the stock list, will be promptly pai
successively, thereafter, will be dne a
increase

in m ppt all the disbursements in _

Question 11.— What number of officers has your company, anc w
the aggregate of their sallaries! _

No salary as yet allowed the piesident. , .

Question 12.— What will be the salary of your chief engineer, an

fixed sJmfof the immediate superintendent is determined upon.

„ ... TO wn-t 1= the rent of vour banking house, and what is the

464

$33,000, interest on which is $1,980, from which deduct $1,100 for rent,
of a portion of said property not occupied by the Institution, and there re.
maius $SS0, and taxes, &c. to be paid by the Institution, which sum is ex¬
pected to be still further reduced, so soon as the whole property can b 9
placed in a tenantable condition.

Incidental expenses may be placed at $400 to $500 per annum.

Very respectfully,

Your obedient servant,

L. L. S1IREVE, Prest,

Committee.

To Messrs. Gutiirie, )
Trimble, \

INDEX

JOURNAL OF THE SENATE,

gj^TIlE FIGURES REFER TO TILE PAGES.

Abell, Hannibal, an act for the benefit of, 216, 233, 247,258, 266

Academies—Bradenburg, an act to authorize the Trustees of to sell

and convey a lot, ~3S, 24/, 2oo, 266

Glasgow, petition of the Trustees of, 325

an act for the benefit of, 330, 359, 366, 385

Hopkinsville Female, an act to incorporate, 53, 64, 71, 79, SS,

1 94, 141

Lebanon in Todd county, an act appointing Trustees of 255,

259, 292, 323, 3S0

Mount Vernon, a bill to incorporate, 104, 144, 169, 200, 224,

> 40 1

Paducah Male and Female, a bill authorizing a fund to be
raised by lottery for the endowment of, 100, 108,^119^ 138,

Actions, civil—see civil actions. On joint contracts see petitions and
summons. . o qn

Acts, a resolution to print titles ot, t ° "

Adair countv, a petition for running and re-marking the line between, and
Green county, 245. A bill for, 321, 336, 366, 385, o91. See Clerks
and Sheriffs.

Adairsville, Russellville and Muddy river Transporting Company, an

act to amend an act to incorporate, mii ™

Adjournment, 62, 68, 69, 80. Resolutions for, 179,1S2, -06, -39, -41, 327,
336,354. Sine die, 394. .

Administration and settlement of

Administrators *c„ a bill to amend the law regntati* themodeofjet.

tling the accounts of, So, 12/, 138, 2-/, 24a,

Agricultural Society of Kentucky, petition of,

° report on, 219, 269 > 01,5

Madison, proceedings of, 143

Alabama, resolutions &c. of the Legislature of,

Aldridge, Sandy H., an act for the benefit of, 305, 326, 359, 382

1—s.

INDEX.

Allen County Court, an act to change the terms of &c., 366, 3S8,

see Election Precints.

Allen, James, an act to amend an act for the benefit of his heirs, 355, 386,

392

Allen, Joseph, petition of, 39. A bill for his benefit, 82, 95, 104, ISO, 190,

205

Allison, William D., nomination of as Notary Public for Henderson

county, 2S0

Allnutt, Daniel, Guardian, &c., petition of, 112,388

Ambrose, M. J. W. and wife, an act for the benefit of, 329, 373, 393
Anderson county, petition of the Board of Internal Improvement of, 112,
139. An act to authorize the County Court of, to
impose an additional levy, 343, 377. Seminary, an
act making an appropriation for, 274, 300, 322,

35S, 393. See Circuit Courts.

Anderson, Martha, petition of, 103,107,119,191. A bill for her benefit, 162
Appeals, Court of, a bill to authorize the mandate of, to be filed, and

executions to issue in certain cases, 60, 79, 136, 155, 204

a bill to alter the terms of, 97, 102, 1S2, 230, 274, 302, 390

an act regulating the issuing of executions from, 274, 300 321
Appropriation of money, an act for the, 367, 384, 393

Arberry, Robert, an act for the benefit of, 81, 385, 393

Armory, a resolution concerning, 41, 52, 55, 68 , ?6

Arms, public, a resolution to enquire into the expediency of repealing
the law for the distribution of, ‘ 109, I4S

Arnett, Samuel, a bill to authorize him to qualify as Sheriff of Nicholas

county, 163, 176, 192, 214, 261

Arsenal, a resolution to inquire into the expediency of erecting, 207, 311
Attachment laws, an act to reduce into one, &e., 274, 300, 307, 335, 381
Attorney General nominated, 34

Attorneys for the Commonwealth, nominated, --•''34, 2S2, 294

an act to provide for the appointment of, 238,276,302,324,342,

3S2

Attorneys, a bill to exempt from compulsory process, 306

Averill, Franklin C., petition of his administrator, 103

a bill for the benefit of his estate, 217, 232 r 273, 296, 376

Audibon’s Ornithology, a resolution to purchase, 83, 89, 131, 134, 139
Auditor of Public Accounts, a resolution requesting him to make his an¬
nual report, 47. Letter and Report of, 52, and Appendix, 33.
Letter and report, 149, and Appendix, 293. Monthly state¬
ments of, 54.

Auditor, Second, bill to establish the office of, 386, 391

nominated by the Governor, 390. See Treasury.

Babcock, James, an act for the benefit of, 42, 45, 5S, S2

Ball, William C. &c., petition ot, 25. A bill to change the venue in
their case, 49 , 63, 213, 223, 249, 261

Banks—Committee on appointed, 20. Report of 192. And Appendix, 321
of Commonwealth, report of President of, 90. Election of
President and Directors of, 299

Independent, a bill to continue in force the law giving them fur¬
ther time to settle their concerns, 74,106, 123, 204

INDEX.

Banks—of Kentucky, monthly statements of, 38. Statements of the

condition of, 143. Directors of, nominated, ^ 378

of Kentucky, Northern, monthly statements of, 38. State¬
ment of condition of, 143. Directors of, nominated, 378

of Kentucky, old, annual statement of the agent of, 61

of Louisville, monthly statements of, 3S. Statement of the
condition of,

Louisville Savings Institution, monthly statements, 38. State¬
ment of its condition, 143

Mechanics’ Savings Institution of Louisville, statements of con¬
dition of, 143

Real Estate of Kentucky, a bill to establish, ( 82, 101, 308

Southern of Kentucky, petition of the citizens of Smithland
for, 107, 325. Of Wayne county, 124. An act to establish, 186,
248, 250, 256, 260, 262, 269, 295, 297, 303, 316, 336, 381
A bill to amend an act dispensing with quarterly and substitu¬
ting monthly statements by the Banks in this Common-
monwealth, 89, 144, 170, 263, 296 376

Southwestern Railroad, a bill to authorize to establish a branch
in this Stale, 100, 114, 246, 312, 324, 328, 330, 354. Me-
meorial of, 117. Petition ot the citizens ot Wayne for, 124
Barbour, Joseph, a bill for the benefit of, 109> 228

Barboursville—see Towns.

Bardstown—see Towns.

Barlow, Mr. leave of absence to, * 5bU

Barren Circuit and Comity Courts, an act for the benefit of the Clerks

ot ; 243,250,256,275,379

Barren county, Sheriff of, nominated, 35. See Sheriffs, Justices ol the
Peace, and Election Precincts.

Bath county—see Constables and Justices of the Peace.

Bedford—see Towns.

Big Spring—see Towns.

Black, John, an act for the benefit of, 44, 64, JLUS

Blair, Annie H. <fcc., an act for the benefit of, 274, 300, 325, <>60, 382
Blankman, Henry G. A., an act for the benefit of, 53, 64, 80, 102, 104, 123,

Blaydes, Sarah, petition of, nir n . n

Blaydes, Francis, a bill for the benefit ol his heirs, 148, 169, 21J, 249, -.60
Blue Lick Hotel and Water Company, a bill to incorporate, 140 144 19&,

lo*>, 21 o , oub, o/b

Boggess, John, petition of, 274. A bill for the benefit of, 311, 336^, 366,
Books, an act providing for the purchase of, for the use of the Stale, 337,
Bourbon county—see Election Precincts.

Bowden, John,’act for the divorce of, f Li

Bowers, James W., Jailor, &c. an act for the benefit of, 216, 2o3, 24/, 258

Bowlinggreen—see Towns and Insurance Companies.

Boyle county, petitions for, 39, 59, 67, 77. Counter petition,

Bracken countv—see Roads.

INDEX.

Bradley, Henry and John, petition of, 85. See Franklin Mining and
Smelting Company.

Brandenburg—see Academies, Mechanics, and Towns.

Branham, Robert, &c. an act for the benefit of the representatives of, 200.

248, 258, 266

Bratcher, Thomas, an act authorizing him to build a mill dam across

Caney creek, ' 111,147,155,209

Breathitt county, an act to establish, 213, 219. 230, 240, 254, 258, 266
Justices, &c. of, nominated, 377. See Circuit Courts.
Breckinridge county—see Election Precincts and Sheriffs.

Bridges—-across Main Elkhorn on the road from Frankfort toOwenton, 197
Falmouth Company, an increase the capital stock of, 243,250, 257

289, 323, 379

Hartford, an act to authorize the County Court of Ohio to take
stock in, 329, 35S, 386,392

across Big Rennick’s, a bill to provide for building, 144, 188

Munfordsville Bridge Company, an act to incorporate, 243, 25S,

356, 366, 3S6, 392

across Russell’s creek, in Adair county, 157, 1S4, 360

Broadwell, A. petition for his benefit, ' 81,86

Brown, Sarah Ann, petition of, 49. A bill for her benefit, 60, 79, ISO, 190,

204

Brownsborough—see Towns.

Brumley, Mary Ann and Abigail, an act to change their names, 28, 39, 58,82
Buckner, Aylette, nominated Commonwealth’s Attorney, 282, 294

Buckner, R. A. Jr. nominated Attorney for the Commonwealth, 34

Bullitt county—see Circuit Courts and Election Precincts.

Bullock, E. J. nominated Attorney for the Commonwealth, 34

Bullskin, petition to declare navigable, 256

Burglary by a slave, a resolution to enquire concerning, 302

a bill further defining, " 327, 336,366

Burksville—see Towns.

Burling, James, petition of, 142

Bush, Eliza PI. an act for the divorce of, 248, 259, 292, 323, 380

Butler county—see Sheriffs and Justices of the Peace, and Election
Precincts.

Butler, William, Clerk of Monroe County Court, a bill for the benefit

of, 51, 71, 82, 95, 137. A bill to amend the same, 100, 102, 147,

156, 204

Cadiz—see Towns.

Caldwell county—see Constables, Justices of the Peace and Sheriffs.
Calloway county—see Constables.

Campbell county, Notaiy Public for, nominated, 35. See Jailors, Roads,
and Sheriffs.

Campbell, David, petition of his administrator, 5, 24

a bill for the benefit of his estate, 29, 36,42, 59,6S, 76

Canton—see Towns.

Carey, John, an act for the benefit of his heirs, 238, 275, 323, 380

Carrico, Thomas, petition of, 239

Carroll county—see Justices.

INDEX.

Carter County Court, a bill to change time of holding, 104, 108 118, 157

luOj loJj ivvO

Caruth, Henry C. petition of, , . . , in,

Ca Sa, a bill to extend the law of, to breaches of marriage contracts, 1U4

Casey county—see Election Precincts, and Sheriffs.

Cates, Owen G. nominated Attorney General, o

elected Director of the Bank of the Commonwealth, 299
Centre College, an act to amend the charter ot, 68 , 84,100, 105, 192, 225^

Chambers, William, nominated Notary Public for Jefferson county, 76
Chancery Court of Madison, a bill to alter the timerf ^^^,262

of Louisville, a bill to amend the act to establish, 100, 120,
13S, 215, 249, 261. Marshall of, nominated, 377
Chenowith, Stephen R., Jailer, &c. an act for the benefit ot, o-o, 334, o58^

Chism, Michael, an act for the benefit of his widow and heirs, 23R 239,

Christian county—see Election Precincts and Sheriffs.

Circuit Courts, Anderson, an act to extend the August tcrms^of, 290^30L

Bullitt, Lawrence and Pike, an act for the benefit ol the
Clerks of, 255. See Cleiks.

Fayette, act changing the terms of, 238, 30- 324, 342 381
Gr e e„, a bill t. change the time of hohlmg,^ .tfo 104,-oo,

Harlan, Perry, Breathitt and Clay an g. to change the
time of holding, 260, 299, o07, 3o0, obi

Hart, a bill to extend the May term of,

a bill to change the time of holding, 1 Jl, -U-

title amended, to change the time of holding cer-

certain Circuit Courts, 273

Meade, an act concerning, 106, 108, 155, 2U9

Muhlenburg, an act to change the time of holding, ooO, 340,

Wayne, petition to extend the terms of, 7?

an act to regulate the 9th and 12th Judmml districts, 305,

an act to change the terms in the 2d JudiciaMhstnct, ^

a petition of the bar in the 16th district, 22

a bill to establish a new Judicial district, ^ 4 ’

a resolution to enquire as to equalizing the labors ot the
Judges, and forming a new district, and reducing the
terms to two, annually, _ 4

a bill to equalize Judicial districts,

a bill to change certain

Judges of nominated, Lusk, 34; Woolley, 1/9; Fo

ler, 322. . 144

Civil actions, a bill to amend the law concerning,

INDEX.

Clarke County Court, a bill authorizing the appointment of a Treasurer
for, 97, 311, 325, 335, 376. See Sheriffs.

Clay County—see Circuit Courts, Justices, and Sheriffs.

Clay, Henry jr. act for the benefit of, 106, 107, 122 209

Clayvillage—see Towns.

Clements, George II. petition of, 20

a bill for the benefit of, &c. 108, 1 IS, 227, 248,262

Clerks, ot this Commonwealth, acts for the benefit of, 53, 64, 74, 95 I42

, QI , , 305,316,326, 336,381

and Sheriffs, an act lor the benefit of, 55, 64, 119, 254, 301,336

381

of Circuit Courts, a bill further regulating their duties, 42, 46, 60

" 79,216,223,248,262

ot Clinton, Adair and Cumberland counties, a bill for the bene-

n rr ■ •„ 255,260,290,296,375

ot the City Court of Louisville, petition of, 321

a bill for his benefit, 327, 3S9,391
of courts, see Gallatin, Scott, Washington, Trigg, Garrard, Monroe,
Hancock, Henderson, Barren, Simpson, Logan, Union, Bullitt
Lawrence, Pike, and Summers, Noah C.

Cleveland, IT. W. nominated Sheriff of Pendleton county, 349

Clinton county—see Land Warrants and Clerks.

Cobb, John, &c. an act for the benefit of, 106,107, 122 209

Cocke, W. A. nominated Marshal Louisville City Court, ’ ’ ’378

Cole, John L. an act for the benefit of, ^ 37 39 5 g gg

College, Centre, an act to amend the charter of, 68 , 84,100, 105,192, 225*

264

of Dental Surgeons, a bill to establish, 149, 191, 217, 232

St. Joseph’s, an act to amend the charter of, 77, 85, 100, 105,’192,

/1 n- *. T „ 225,264

Co 1ms, Nancy, an act for the benefit of, 77,84, 113, 147,1S3, 225, 265
Columbia—see Towns.

Columbus—see Towns.

Commissioner for taking in lists of taxable propei’ty in McCracken

county, a bill for the benefit of, 97,109

Committees, standing, appointed, 19 20

Comptroller of the Treasury, a bill to establish the office of, 60, 75,146,149

164, 170, 185, 260, 302, 33S, 342, 3S2, 386, 391
Constables, an act to allow to certain counties, 52, 55, 63, 94,141

to several counties, 311, 3S2, 3S2

a resolution to enquire into the propriety of authorizing the
County Courts to appoint as many as there are Justices
of the Peace, ' 48,53

acts &c. concerning, in Adair county, 2S, 40; Bath, 233,

324; Caldwell, 37,40; Calloway, 100, 105, 107, 122,

208; Clinton, 28, 40; Graves, 227; Hardin, 43, 45,58,

82; Hopkins, 274, 300, 320, 343, 3S1; Logan, 68,74,

93, 122, 209; Marion, 43,45, 82; Mercer, 174,184,244,

266; Monroe, 316, 334, 360, 3S2; Spencer, 100, 105,

107, 122, 208; Washington, 216, 242, 294, 316, 323,
^eyVayne, 192, 202,206, 20S, 225, 265; Whitley,

INDEX. t

Convention, return of the votes for, 38

a resolution to ascertain and report the number of votes
for and against, 90

the report, 278

Conveyances from married women, and not recorded in time, a bill for

the better confirmation of estates held under, 21,101, 120,197,

241

Coroner of Breathitt county nominated, 378

Coroners, a bill to authorize them to convey lands sold by their prede¬
cessors, 262

Corporations, a bill to prohibit unlawful dealings by, &c., 21, 29, 60, 79,

233, 236, 239, 249, 261

County levy tax, resolution to exempt aged white tithes from paying, 36, 46
Courts, county—see Carter, Pike, Allen, Shelby, Hardin, Clinton,
Floyd, Woodford, Morgan.

see Appeals, Chancery, Circuit, Police, General Court.

Covington—see Towns.

Social Library, an act to incorporate, 329, 358

Crabtree, William, &c., a bill for the benefit of, 24, 49, 63, 215, 249, 261
Craddock fund, an act for the investment of, &c. 234, 239, 25S, 266

Craycraft, Keziah, act for the benefit of, 59, 64, 70, SO, 102, 104, 122, 209'
Crittenden, Henry, an act for the benefit of his infant heirs, 53, 54, 59, 79,

94, 142

Crockett, Anthony, a resolution to wear mourning for, ^ ^26

Croper, Thomas, and others, an act for the benefit of, 255, 259, 279, 334,

360, 3S2

Cumberland county—see Clerks, Election Precincts, and Sheriffs.

Coal Mining Company, an act to incorporate, 227, 360

Hospital, annual report of Trustees, 131, 150, 175. Commu¬
nication concerning, 150. A resolution to inquire into the
the affairs of, 150. A petition concerning, 157. A bill to
regulate the mode of appointing Trustees of, 292, 316, 323,
376. Trustees of nominated, 2S2.

Cumberland river—see rivers.

Cummins, Elijah, an act for the benefit of his heirs, 227, 234, 244, 265
Cunningham, Fountaine, an act for the benefit of, 263,300, 307, 336, 3S0
Curling, James PI. petition of, 134

Currency, a bill the better to protect, &c. 21, 29, 60, 79, 233, 236, 239,

249,261

Cusick, Josiah, &c. an act for the benefit of, 44, 64, 7S, 94, 141

Cynthiana Fire Company, a bill to repeal the tenth section of the act

to incorporate, 163, 169, 216, 249, 261

Damascus Iron Manufacturing Company, a bill to incorporate, 62, 71, 235,

256

Davidson, James, elected Treasurer, and Director of the Bank of the
Commonwealth, 299. His securities nominated and ap¬
proved, 37S.

Daviess county, Sheriff of nominated, 35. See Sheriffs.

Dawson, Joseph, a bill for his benefit, 77, 81, 100, 215, 249, 261

INDEX.

Deadly weapons—see Weapons.

Deaf and Dumb Asylum, annual report of Trustees of, 65. Commit¬
tee to examine, SO, S3, ISO.

Deeds of trust and mortgages, an act in relation to the registration of, 53, 64,

74, S3, 191, 225, 265

a bill to authorize the Clerk of Trigg to record certain, 82, 87
a bill to authorize the recording of in Hickman county, 255, 340,

366, 385, 390

Delph, Jeremiah, petition of, 228, 285. A bill for the divorce oi, 236, 254,

257, 262

Dental College of Surgeons, a bill to establish, 149, 191, 217, 232

Depositions, an act to authorize the taking of in certain cases, 355

Devises, a bill providing that certain shall not lapse, 49, 78, 106, 123, 204
Dividends of State in certain incorporated companies, an act further to

enforce the payment of, 77,84, 94,158, 1S3, 192, 225, 264
Divorces, a resolution to report against, where provided for by law, 23
an act to amend the law in relation to, 136, 153,183

a bill to amend the law &c. 182, 210, 226

Dix, Ann and E. M. an act for the benefit of, 51, 64, 78, 94,141

Dixon, Mr. leave of absence to, 340

Dixon, Wm. E. petition of, 112. A bill for his benefit, 144, 148, 291, 302
Dobson, Elias, an act for his benefit, 147, 1S4,189

Door Keepers of the Senate elected, 4,316

Dougherty, Bernard, nomination of as Colonel, 204, 213

Doyle, James, a bill for the benefit of his representatives, 255, 277, 366, 385,

390

Drake’s creek, a bill to declare navigable, 197

Dunn, Anderson, &c. a bill for the benefit of, 83,103,110,216,224,246,289,

296 , 376

Dunn, George, petition of, 134,153

Dyer, Edward, nominated Notary Public for Jefferson county, 280

Dyer, Nelson, an act for the benefit of, 69, 84, 99, 110,1S2

Education, committee of appointed, 20. Report of, 192. See Schools.
Elder, Matthew, an act for his benefit, 181, 192, 225, 264

Elections, a resolution to inquire into the expediency of repealing the
law disqualifying the person receiving a treat from being a
witness, 140. See Suffrage.

Election Precincts—acts, &c. concerning in Allen county, 77, 85, 86,123,
209. Barren, 216, 233, 275, 324, 379. Bourbon, 355, 3S6,392.
Breckinridge, 53, 61,67,79,88,94,142. Bullitt, 264, 300, 307,336,
380. Butler, 25, 40, 48, 52, 88. Casey, 77, 85, 91, 123,209.
Christian, 264, 300, 307, 336, 380. Cumberland, 142, 1S4, 225,
265. Estill, 43, 45, 58,82. Fleming, 28, 40, 57, 82. Hardin, 174,
184, 190, 205, 289, 323, 380. Lawrence, 174, 184, 190, 205,
2S9, 323, 380. McCracken, 179, 214, 254, 257,262. Ohio,
53, 64, 67, 94, 142. Oldham, 55, 64, 67, 94, 142. Pulaski, 43,
45, 58, 82. Rockcastle, 260, 299, 307, 335, 380. Scott, 155,
184, 190, 224, 265. .Shelby, 357, 366, 3S5, 391. Washing¬
ton, 43, 45, 58, 82.

INDEX.

Elizabethtown—see Towns.

Elliott, Dawson, an act for the benefit of, 255, 259, 307, 336, 381

Ellis, Sithey, a bill for the benefiit of, 100, 293

Ellison, Polly 'I', an act for the divorce of, 337, 361, 386, 392

Emerson, John M. an act for the divorce of, 218, 291,323, 380

a bill lor the benefit of and his securities, 218, 259, 328, 335, 376
Enders, Henry, &c. petition of, 165, 201

Engineers, a resolution to inquire as to reducing the salaries of, 97, 102
a bill to reduce the salaries of, 212, 214. See Salaries.
Enrollments, Committee of appointed, 20. Added to, 367.

Entries and surveys, an act to legalize certain, &c. 37, 39

Estates, a bill to regulate the administration and settlement of, 21,25, 44,

55, 68, 106, 120, 179, 1S3, 273, 243, 377
a bill for the better confirmation of, held under married wo¬
men, and conveyances not recorded in time, 21, 101, 120, 197, 241
Estill county, Sheriff of, nominated, 146. See Election Precincts and
Sheriffs.

Evans, James, petition of,

Evans, JohnG. petition of his administrator, 69.
of his heirs,

Evans, Rebecca, a bill for the benefit of,

Execution laws, a bill to amend,

Executions, a bill authorizing to issue in certain cases, 60, 79, 136, 155,204
Executors, &c. a bill to amend the law regulating the mode of settling,

the accounts of, 88, 127, 13S, 227, 249, 262

134

A bill for the benefit
103, 110, 227, 249, 262
164, 1S3, 263, 296, 375
30

Falmouth Bridge Company—see Bridges.

Fayette Circuit Court, an act changing the terms of, 23S, 302, 324, 342,

3S1

Ferries, a bill to amend the law in relation to, 144

across the Ohio, an act further to regulate, 329, 368

across at Paducah, a petition concerning, 141

an act to amend an act establishing, 111, 113,

155, 209

Ferry Keepers, a bill to repeal the law allowing them to keep tavern

without license, 114, 200

Fible, Lewis, an act for the benefit of the estate of, 200, 20S, 244, 265
Finance, Committee of, appointed, 20

Fines in Barren, pelition of Trustees, of Glasgow Academy concern¬
ing, 325

in Lexington, a bill for the appropriation of, 257, 340,366, 385, 390
in Police-Court of Lexington, act respecting, 329

in Nicholas, petition of the County Court concerning, 73, 153
Finnie, James W. an act for the benefit oi, 263, 300, 307, 335, 381

Fire Company in Cynthiana, a bill to report the tenth section of the

act to incorporate, 163, 169, 216, 249, 261
Frankfort and Paris, an act in relation to, 329, 35S, 392
Fleming county—see Election Precincts.

Flora, John W. an act for the benefit of, 111, 113 155,209

Flowers, B. H. a bill to allow him to erect a gate across a road, 306, 321
an act for his benefit, 329, 361, 392

2—s.

INDEX.

Floyd county, an act to run and mark the line between it and Morgan,

55, 64, 78, 94, 141. Sheriff of, nominated, 179. See
Sheriffs. An act to prohibit the County Court of to
change the State road, 256, 299.

Ford, H. H. administrator, petition of, 134,142

Foreman, Aaron, an act to amend an act for the benefit of the heirs of, 216,

232, 291

Frnncisburg—see Towns.

Frankfort—see Towns and Fire Companies.

Franklin county—see Sheriffs.

Franklin Mining and Smelting Company, a bill to incorporate, 120,138,157,
° 168, 1S9, 205

Frederick—see Towns.

Gaines, E. P. communication of in relation to Railroads, 143

Gallatin Circuit Court, a bill to legalize the acts of the Clerk pro tern, of, 62,

101,104,139,204

'Gallatin County, Notary Public for, nominated, 35. See Sheriffs.

Garnett, Wesley M. a bill for the relief the securities of, 197, 311, 336, 3S9,

391

Garrard county, a bill for the benefit of the Clerk, of the County Court
‘ of, 163, 357. See Sheriffs.

Gasper—see Rivers.

Gates, William, an act for the benefit of, 329, 361, 392

Gatewood, Charles S. &c. a bill for the benefit of, 153, 1S4, 196, 206,244,

266

General Assembly, a resolution for a recess of, 54, 62, 6S, 69, 84. A
bill to change the annual meeting of, 83,17S. A res¬
olution that the members should not be contractors
for public works, 215, 232. See Adjournment.

General Court, a bill to change the January term of, 23, 29, 37,75,82,95,

137

Geological reconnoissance of Kentucky, 87. Appendix, 253.

Ghent—see Towns.

Gibbs, Thomas P. petition of his executor, 268. A bill for the benefit

of his executor, 293, 302

Gilbert. Stephen, a bill for the benefit of his widow and heirs, 211,269, 277,
1 329, 335, 376

Gilpin, William and Frances, an act for the benefit of, 234, 307, 385,381
Glasgow Academy—see Academies.

Gordon, William, &c. communication of, in relation to Cumberland

Hospital, 150

Gore, Rector, &c. an act for the benefit of, 337, 358, 386, 392

Governor, annual message, 5-19; appendix, I; referred,21; an act to
preserve the annual Message of, 111, 120,13S, 155, 210.
messages containing nominations of militia officers, 30,145,203,

213,281,348,349,378
of Attorneys of the Commonwealth, 34, 2S2

of Judges, 34, 179, 322

of Attorney General. 34

INDEX.

Governors messages, containing nominations of Notaries Public,35, /6, 146,

JoU

of Police Judges, 34, 35, 179

of Sheriffs, 35,146, 179,203,344, 349

transmitting communications from Alabama, ~b2

Indiana, 344

North Carolina, 346

New Jersey, 377

Grant county, petition to add a part of Pendleton to, 136, 15

Grant, Nancy A. an act for the divorce of, 200,235, -4o, -bo

Graves county—see Constables and Justices.

Graves, Lucy, an act for the divorce of, 200,21 /, -3-, 244, -66

Greathouse, Rodolphus B. an act for the benefit of the hems and repre-

sentatives of, "34^ 275, 32o, ip

Green Circuit Const, a bill to change the time ° f ho^dmg^,^, L44, -35,

Green county, Notary Public for, nominated, ^5

a petition to run the line between, and Adair, , 0

a bill for that purpose, 321, 336, 366, 3So,391
see Justices and Sheriffs.

Green river Copperas, Allum and Coal mining company, a bill t0 og6

rate,

Greenup county—see Sheriffs. 9 „, 24 r, 265

Grider, Eliza Jane, an act for the benefit of, 6 9 ’84> 235, 24o, 263

Griffith, John, guardian &c. an act for the benefit of, 111,

Gross, William, an act for the benefit of, 44, 64, /0, 79, 94, 141

Guardians, &c. a bill to amend the laws regulating the mode of settling

the accounts of, 127, loo, -2/, -3 , -

Hall, Edmund, an act for the benefit of his estate, 110, 143,1S3, 1S9, 224,

Hamilton, Leonard, petition of his administrator, S6

a bill for the benefit of Ins estate, 103, 110, -33, 24b, -6-

Hamton, Elisha C. an act for the benefit of, 1S1,196, -06, 244, 563

Hancock County Court, an act to authorize certain records of, to be

amended, 227, -44, 243, -bo

an act for the benefit of the Clerk of, 2 j5, -39, -92

Hancock, Eliza, an act for the benefit of, i 40

Hanson, James M. an act for his benefit, 44, 6^, -1, 94, 113

Harbout, Willis, petition of, , , m

Hardin county, a bill to repeal the law to sell the poor house lands^fi 2^

Notary Public of, nominated, 146

Sheriff of, nominated, 344. See Constables and Elec¬
tion Precincts.

Hardinsburg—see Towns. _

Hardv, James G. an act for his benefit, 900407

Harlan Circuit Court, an act to change the time of holding, 260, -J9_, 307.
Harris, Elizabeth, an act to change the names of her children, 23S, 326, 35^

INDEX.

Hart county, sheriff of, nominated, 146. See Circuit Courts.

Hartford Bridge Company—see Bridges.

Hays, Sarah, petition of, 134,142

Hazlewood, Luke, petition of the guardians of his children, 166

Hazlewood, Palsy, Jane and Daniel, a bill for the benefit of, 217, 232,

273

Headlight certificates, an act to continue in force an act for the benefit

of, 274, 300, 320, 342, 3S1

Helton, James, an act for the divorce of, 244, 25 l J, 341

Hemingway, Isaac, &c. a bill for the benefit of, 83, 103, 110, 216, 246, 2S9,

296,376

Henderson countv, an act for the benefit of the Clerk of, 243, 250, 256,
275, 379. See Sheriffs.

Henson, James, an act for his benefit, 42, 70. 94, 142

Herd, William, an act for his benefit, 216, 233, 247, 258, 266

Hiatt, Lucy, petition of the adm’r. of, 39, 388

Hickman County Court, a bill to authorize the recording of certain
deeds in, 255, 340, 366, 385, 390. See Sheriffs.

Hick, John B. nominated Judge of the Police Court of Paducah, 378

256

44, 71, 95,142
256

1S2, 191, 328, 335, 377

299

316

89, 102, 104,254
59, 64,70, 80, 94, 141

Higbsv, Elizabeth, petition of,

Hillsborough—see Towns.

Plite, Thomas, an act for his benefit,

Hix, Tabitha, petition for,

a bill for the benefit of,

Uodgenville—see Towns.

Hodges, A. G. elected Public Printer,

Holeman, J. H. elected Doorkeeper,

Hollingsworth, John, a bill for Ins benefit,

Holsclaw, Margaret, an act for the benefit of,

Hopkins County—see Constables and Sheriffs.

Hopkinsville Female Academy—see Academies.

Hold, Edward, an act for the benefit of his heirs, 274, 300, 308, 334,342,

386, 392

Hotel in Hickman, a bill to incorporate a company to erect, 211

Howard, James P. petition of, 22,49, 59

Hughes, Mary, an act for the benefit of, 227, 234, 245, 265

Hunn, Ferdinand, petition of, 22

a bill for the benefit of, 60, 79, ISO, 190, 204

Hurst, Harman, a bill for his benefit, 77,144, 169,181, 190,205

Hurt, Polly, an act for the divorce of, 305, 373, 393

Hutchinson, Rebecca, an act for the divorce of, 290, 295, 307, 336, 381

Indiana, message of Governor transmitting resolutions of the Legisla¬
ture of, 344

resolutions in relation thereto, 389, 394

Insurance Company, Bowlinggreen, Fire, Life and Marine, an act to

incorporate, 329,358, 393

Kentucky and Louisville, a bill to incorporate, 83, 101,

104,290,322, 376

Maysville. petition of, 239

a bill to amend the charter of, 256,273, 294,

366,385

INDEX. 13

Insurance Company, Merchants of Louisville, petition of, 134

a bill to amend an act incorporating, 14S,
1G9, 216, 249, 261
Paris Fire, Life and Marine, an act to incorporate, 243,

2f8, 275,323,380
Shelbvville Life, Fire and Marine, petition for, 175
a bill to incorporate, 2U2, 226,306, 376

Internal Improvement, committee of, appointed, ~ { J

added to oi, au

discharged from the business before

them, 3S7

report of the Board of, 49, and appendix 49.

President and members of, nominated, 378

resolution to give them the use of the books in

the Library, 53, 65, 70, 123, 209

resolution as to the salaries of Engineers, 97,102
report of the Board, thereon, 154

a resolution against the members of, being con-

tractors, ...

Board of, for Aderson county, petitition of, 112, 139
report of President of the Beard of, lor Green
and Barren rivers, 125; Appendix, 105.
a resolution to report rates ol toll on Green riv-

61 re port, „ 212

a resolution to enquire into contracts on Green

river, 8,1

a resolution to enquire into the conduct of James

R - Skiles ’ <u, of’383

report, 341, 36/, 383

report of the Board of, for Shelby county, 20

a resolution against members of Legislature be-

ing contractors, 215, 232,3^8

a bill to provide for ascertaining damages by

slack watering rivers, b9, 143

a SS l “ pr “" de ror **

an act for that purpose, 316,334,349, 361, 3S6, 392.
See Toll houses.

Iron—see Railroad iron.

Jacobs, Lucy, petition of, 20. A bill for the benefit of ’ 40 ’ f 8 ’ 7 J^Jj’ 137 ’
Jailers, a resolution to enquire as to increasing their pay for dieting nm- ^

a resolution to enquire as to increasing their pay ioi kee P”V;

of of. 168, 211,216,223, 247,

of Jefferson and Union, ann act for the benefit of, 325,334,35S, 386,

of McCracken, a bill increasing his allowance of keeping^runa- ^
way slaves,

INDEX.

Jameson, James, an act to change his name, 92, 105, 107,122, 209

Jarman, John, an act for his benefit, 36 q’ 393

Jasper, Thomas, an act for the benefit of his heirs, 44, 64,74, 95 ’ 140
Jefferson County, Notary Public for, nominated, 35. See Sheriffs and’
Jailers.

Jefferson Pond Draining Company, &c. an act to amend an act to in¬
corporate, ‘ 264, 300, 307, 335, 381

Jessamine County, Sheriff of, nominated, I 79

Jones, Matilda, an act for the divorce of, 24S, 259, 35S, 3S6, 392

Judges, nominated, 34,35,179, 322

a resolution to enquire as to equalizing their labors, 50

Judicial Districts, a resolution to enquire as to forming a new one, 50, 360
a bill to equalize, 163,178

a bill to change certain, 218

ninth and twelfth, an act to regulate, 305, 340,342, 381
an act to change the terms &c., in the second, 366, 388,

. „ . 393

Judiciary Committee, appointed, 19

discharged from the business before it, 373

Jurors, a bill to amend an act supplemental to an act providing com¬
pensation for, 169, 1S3, 329, 337, 343, 377

a bill to amend the laws concerning, 30

an act to amend the laws altering the mode of summoning, 74, S3

103, 174, 302,'325, 336

an act to repeal the third section of an act supplemental to an
act allowing pay to, 163

Jury fund, an act for the benefit of the Trustees of, 37, 50, 63, 136, 155,

T . 210

Justices of the Peace—an act to amend an act to regulate equitable

proceedings before, under five pounds, 274, 300,308,

334, 360, 3S2

an act to allow additional to several counties, 329,

339. 386,392

an act to allow additional, and Constables to sev¬
eral counties, 311,342, 3S2

an act to allow additional to certain counties, 52,55,

63,94,141

acts and &c. concerning in Barren county, 150,164,
181. 190, 204. Bath, 233, 311, 324. Breathitt, 377.
Butler, 44, 64, 78, 94, 141. Caldwell, 25, 29, 37,
40. Carroll, 244,259, 320,342,381. Clay, 77,84,
93, 122, 209. Graves, 227, 233, 324. Green, 213,
217, 232, 254, 257, 262. Logan, 28, 39,52, 55, 63,
274, 300, 320, 343. 381. Madison, 28, 40. Mer¬
cer, 305, 320, 342, 381. Nelson, 165, 184, 202,
214, 265. Oldham, 134, 13S, 153, 1S3, 192, 225,
264. Pendleton and Warren, 244, 259, 320, 342,
3S1. Washington, 236, 242, 294, 216, 323, 376.
Whitley, 2S, 40.

Kavanaugh, H. B. nominated Superintendent of Public Instruction, 390

INDEX.

Kentucky river—see Rivers.

Kercheval, Win. an act for his benefit, 5a, 64, 71, 94, 142

Kightly, Abraham, an act for his benefit, 200, 214, 244,266

Kimes, Mary, an act for the benefit ol, 69, 73, 99, 105, 123, 209

Kinkead, G.' B., nominated attorney for the Commonwealth, 34

Kirtlev, Charles, petition of, r. 16, 229

Knox county, an act to run and mark the line between it and vyutley,

Knox, George, an act for his benefit, 44, 63, 71, 88, 94, 142

Kouns, William, petition of, 1B7, 119, 145

1 and Claims, an act to amend an act to prevent the further confliction

0 f t & c . 274, 300, 320, 334, 360, 3S2

T.and west of the Tennessee river, an act to authorize the entry of va¬
cant fractions of, 329,358,393

Land Warrants, an act allowing further time to survey, &c. 7/, 84, 92,105,

123, 2U9

Land warrants in Clinton county, an act authorizing to be surveyed,

92, 105, 107, 122, 208. See Surveys.

Lane, Hugh, an act for the divorce of, 24S, 250, 266, 2i5, o 79

Lanchorn” Eliza B., &c., petition of, 91

Langhorne, John T., a bill for the benefit of his heirs, 10S, 119,157,1S9,204

Lasiey, John S. yenu& j Q hig cas6i 10S , 166,1S3, 263, 296, 375

Lass well, Ransom, &c., an act for the benefit of, 227, 234, 214, 265

Lawrence county—see Circuit Courts, Election Precincts, and Shentls^
Lebanon—see Academies and towns.

Lebanon Lyceum, petition of, 330; a bill to incorporate, 357, 366, 3So, 390
Legacies and Devises, a bill providing that certain, shall not lapse, 49, 78,
D 106, 123, 204

Legatees, reversionary, a bill more effectually to protect the rights of, 97

127, 13o, 22/, 24*7, 2b2

Leverett, Ebenezer W., an act to change the venue in his cases, 216, 233
Lexington—see Fines and towns.

the benefit of, 290, 301, 320, 343, 381

Librarian, annual report of, 55 ; election of, 299.

Library, committee on, appointed, 20 ; a resolution giving the Board ot

Internal Improvement the use of the books in, 53, 6o, 70, 123
Licking—see Rivers.

Lincoln county—see Sheriffs.

Little river—see Rivers.

Livingston Coal Mining Company, an act to incorporate, m , ouo

Livingston county, Sheriff’of, nominated, 146. See Sheriffs.

Locust Port—see towns. , OK -

Lo^an county, an act for the benefit of the Clerks of, 2o0, ~o6, 2/5,

379 ; Sheriff of, nominated, 35. See Constables, Jus¬
tices, and Sheriffs.

Logan, Lewis G., petition of,

Louisa see Towns. _

Louisa Literary Society, an act to incorporate, 53, 64, 71, at), 90,14.4

INDEX,

Louisville, a bill to amend the charter of, 164, 165, 190, 205

a bill to amend the fourteenth section of the charter of, 202 , 225

‘273, 297, 376

Chancery Court of, a bill to amend an act to establish, 100, 120

138,215, 249,261

Marshal of, nominated, 377

Coal and iruel Company, a bill to incorporate, 145, 164, ISO,

1S2, 360

petition for, I 57

Clerk of the City Court of, petition of, 321

a bill for his benefit, 327, 3S9, 391

Law Library Company, a bill to incorporate, 51, 71, 103,110,

215, 249, 261

Legion, an act to organize, 106, 119, 13S, 155,210

Orphans of, an act for the benefit of, 305, 35S, 3S6, 392

and Portland canal, a resolution to inquire as to purchasing
the stock in, 80, 357

report of, 150

See Banks and Insurance.

Lovelac.eville—see Towns.

Lucas, Richard, an act for the divoice of, 337, 361

Lunatic Asylum, a bill for the benefit of, 47, 49, 93, 117, 200, 224, 261
a resolution to appoint a committee to examine, 68 , SO, 83,180
annual report of, 87, and Appendix, 299.

Lusk, Samuel, nominated Circuit Judge, 34

Lyceum—see Lebanon and Maysville.

Lynn, James, Jr., an act granting a change of venue to, 305,358

Lvon, J., an act to authorize the sale of a house and lot belonging to

his heirs, 227, 234, 244,265

Lyon, Nancy, an act for the divorce of, 355, 373, 393

Lytle, Rhoda, an act for the divorce of, 290, 301, 326, 360,382

depositions in relation to, 301

McBrayer, Mary, and her children, a bill for the benefit of, 226, 230,237,

273, 297, 375

McCauley, James, petition of, 158, 166, 247

McCoy, Edward, petition of, 20

a bill for his benefit, 49, 63, 215, 249, 261

McCracken county—see Commissioner of Revenue, Election Precincts,
and Jailers.

McCulloch, Nancy L., an act for her benefit, 42, 69, 79, 94,141

McDowell, Joseph, an act for his benefit, 264 , 300, 320, 343, 381

McElroy, P. E., executor, petition of, 268. See Gibbs.

McFeeters, Mary, an act authorizing a sale of the lands, &c. descended

to, 274, 300, 325, 359, 382

McGinnis, Sarah, an act for the divorce of, 243, 258, 326, 359, 3S2

McKee, Alexander R., a bill for the benefit of, 163, 357

McLeod, Geo. W., an act for the benefit of, 42, 70, 94, 142

McMillin, Joseph, an providing for a change of venue in his case, 290, 300
Madison county—see Militia and Sheriffs.

INDEX. 17

Madison, Chancery Court, a bill to alter the time of holding, 140 144 166

1 oo, 227, 24y, 2u2

Agricultural society, proceedings of, 143

Marion county, an act to run the line between, and^Washmgg 142, 184,

Sheriff of, nominated, 203. See Constables and Sheriffs.

Martin, John, petition of, 216, ooi, 3So

Mason county, Notary Public for, nominated, &>

Matlock, Sabrina, petition of, 2 U, ou >

May, Mr., took his seat in the Senate,

Maysville, Mayor of, nominated, 146. See Towns, Insurance.

Lyceum, a bill to incorporate, 163, 169, 182, 191, 2/o, 297, JTo
Mechanics of, act for the benefit of, _ 157, 184, 2-o, 26o

Mather’s Geological Reconnoissance, 87; Appennix, 253
Meade Circuit Court, an act concerning, 1U6, 1US, US, loo,

Mechanics’ Savings Institution ot Louisville, statements ot,

Mechanics, of Maysville—see Maysville. qSfi 393

of Brandenburg, an act for the benefit of, 329, 3 jM, oab, oao
Memminger, C. J., Commissioner from South Carolina, invited to a

seat in Senate chamber, &c. 111

resolution to hear his communication, in House ot Kepre-

sentatives, &c. _ ore „ , n ’

Mercer county, Notary Public for, nominated, 3o. See Boyle, Con¬
stables, and Justices.

Merchants’ Insurance Company—see Insurance Companies.

Meredith, William, an act for the benefit of his heirs, &c. ^

Merrit, Elizabeth, petition of, ’ „

Middleton, Robert and Jane, ^ of _ „ 8> 157 , m Wi

Military Affairs, committee of, appointed, 070

Militia, nominations of officers, 30, 145,203, 213,-SI, 348, 349, 3/
an act to change the bounds of the Seventh Division of, 181,

188, 224, 264; a bill to repeal, in part, that act, 2bU, oui,

32u, 335, 3/7. ^ , qr qqa

an act to amend the law, 1 /4 f LS4> 19 ’ ,n r

an act for the benefit of the Madison Troop of Cavairy,

an act legalizing the proceedings of the Seventy^Fourth^Regu- ^

an "act to legalize the proceedings of the ggg

Louisville Legion, act to organize, 106, 119, I3S, 210

a resolution to inquire as to exempting owners ot guns from
carrying them to muster, ’

a bill to repeal the law requiring the the owners of guns to cai-
ry them to muster, 164, 183, 263, 2Jb, 6to

Milk sickness, a bill to amend the law offering a reward for the discot -

ery of the cause of, ’ , , r

Miller, Cassander, a bill for the benefit of,

Miller, Francis, &c. petition of, . qsi qqq

Money, an act for the appropriation of,

. ■ ■ ■ •,

INDEX.

Monroe county—see Constables, and Sheriffs, and Clerks.

Montgomery county—see Sheriffs.

Monticello—see Towns.

Morgan county, an act to run and mark the line between, and Floyd, 55

64, 78, 94, 141

Morgan, Daniel, took his seat in Senate, 106; leave of absence to, 367
an act to legalize the proceedings of the County Court
of, " 329,35S, 386,392

Morgan, J. S., leave of absence to, 197

Morris, George, an act to release the forfeiture, and remit the taxes on

land belonging to his estate, 59, 64, 71, 94, 142

Morris, Guthrie, petition to sell his real estate, 39

an act for the benefit of his estate, 49, 63, 213, 223, 249, 376
Morris, John, nominated Sheriff of Hardin, 344

Morse, James, petition of, 20, 25

Mortgages and deeds of trust, an act in relation to the registration of, 53

64, 74, §3, 191, 225, 265

Mount Vernon—see Academies.

Mount Zion Methodist Episcopal Church, an act to incorporate the

Trustees of, 227, 326, 360, 382

Muddy river—see rivers.

Muhlenburg county—see Circuit Courts, Sheriffs.

Munfordsville Bridge Company—see Bridges.

Munfordsville Polemic and Literary Society, an act to incorporate, 355,379,

394

Murphy, Elhannon, a bill for the benefit of,

Murphy, Henderson, a bill for his benefit,

Murray, Jefferson A., petition of,

Murray, Eliza, an act for the benefit of her heirs,

Myers, John, an act for the benefit of,

262

311, 336, 3S9, 391
22, 70

69, 84, 92, 122, 209
274, 300, 307, 335, 381

200, 214, 244, 266

377

263, 300, 361, 389

Neal, William P., an act for his benefit.

Nelson County—see Justices.

New Haven—see Towns.

New Jersey, resolutions &c. of,

Newton, James, an act for his benefit,

Newton Society of Bacon College, an act to incorporate, 255, 259, 306,

335, 381

Nicholas County, petition of. the County Court of, 73, 153.—See Sheriffs.
Nicholasville—see Towns.

Nolin—see Rivers.

North Carolina, resolutions &c. of, 346

Notary’s, public, nominated, 35, 76, 146, 280

Nuttall, Elijah, took his seat in the Senate, 19. Leave of absence to, 42.

Offices, public, committee on appointed, 20.—See Public Offices.

Ohio county—see Election Precincts.

Oldham county, petition to establish the seat of justice of at Westport, 106,
147.—See Election Precincts, and Justices of the Peace.
Orphans of Louisville, an act for the benefit of, 305, 358, 386, 392

On - , Andrew and Caroline, an act for the benefit of, 200, 213, 244, 266

Ortkies, John and wife, petition of, 97, 166, 174, 216

Owen county, Sheriff of nominated, 146.—See Sheriffs.

INDEX.

Paduca, petition of the citizens of, 141.—See Towns.

Page, Thomas S., nominated Second Auditor, 390

p ar i s —see Fire company, Insurance, and Towns.

Paris, Thomas J., an act for his benefit, 92, 105, 123, 155, 210

Partnerships, limited, a bill authorising, 168, 176, 360

Patrollers, in Fayette, Henderson and Breckinridge, an act to increase the
pay of, 238, 255, 290, 323, 380

Pavne. Henry, Jailer of Union county, an act for the benefit of, 325,334,

•* 358, 3S6, 392

Payne, Thomas Y., guardian of Ross’s heirs, petition of, 91, 108

Penal prosecutions—see Prosecutions.

Pendleton countv—a bill to add a part of to Grant, 136, 15S. An act author¬
izing the appointment of a county Treasurer for, 136,
147, 155, 209. Sheriff of nominated, 179, 349.—See
Justices and Sheriffs.

Penington, Abel, petition of, 22, 158

Penitentiary, committee on appointed, 20. Added to, 109. Report of the
Keeper 22. Appendix, 23. A resolution calling upon the
Keeper for information, 50, 62. A resolution to enquire as to
changing the mode of conducting, SO. Report of the commit¬
tee on, f67. A bill prescribing the duties of Keeper and Clerk,
168, 208, 231, 290, 294, 297, 298. Keeper of elected, 299.
Clerk of nominated, 390.

Perkins, John D., an act to change the venue in the case of, 157, 1S4, 1S9,

225, 265

Perkins, Joseph R. and wife, an act for the benefit of, 136, 147, lo5, 209
Perry Circuit Court, an act to change the time of holding, 260, 299, 307,
J 335, 381

Petersburg—see Towns.

Petitions and summons, and actions on joint contracts—a bill to amend the
law of, 197, 21 / , 2/4, 302

Phelps, Sarah Jane, petition of, 22. A bill for her divorce, 101, 104, 200,
^ 224.261

Phillips, Hiram, petition of, 3S. A bill for his benefit, 49, 63, 106.

Pike county, a bill to change the time of holding the county court of, 1S9,
205.-—-See Circuit Courts.

Pitts, James G., a bill for the benefit of, 197

Pleasant Hill—see Towns.

Pointer, William, petition of, 92

Pointer, Ruth and Polly, a bill for the benefit of the heirs of, 10S, IIS, 21 j,
’ ' 249,261

Police Judges nominated, . 34, 35, 179

Pollard, B. R„ petition of, 321.—See clerk city court of Louisville.

Pond river—see Rivers.

Pope. Worden, an act to authorize the settlement of the accounts of as
Clerk, 305, 320, 343, 381

Port Royal—see Towns. _

Pottinger, S., an act for benefit of the heirs of, 227, 235, 241, 289,3-3, 3 / J
Poulson, Joseph, petition of, 22, 40

President and Directors of incorported companies, a bill to prevent becom-
coming contractors; 16.:

INDEX.

Privileges and Elections, committee of appointed, 20. Report of, 277.
Propositions and Grivances, committee of appointed, 19. Discharged from
the business before it, 3S9.

Prosecutions, penal, a bill to amend an act against compounding of, 53, 63,

215, 249, 261

Protestant Episcopal church of Russellville, an act for the benefit of certain
subscribers to, 274, 300, 326, 360, 382

Public Arms, a resolution to enquire as to repealing the law for the distri¬
bution of, 109, 148

Public Instruction, report of Superintendent of, 87—and appendix, 225. A
bill to repeal the law creating the office of Superintend¬
ent, 340. Superintendent nominated, 390.

Public grounds, a resolution to inquire concerning, 47, 143

Public officers, a resolution fixing a day to elect, 16S, 179, 321, 254. Elec¬
tion of, 299.

Public offices, a resolution to provide buildings for, &c., 4, 47, 143. A bill
for that purpose, 96, 1S2, 186, 246. Committee on appoin¬
ted, 20. A resolution giving the committee on further time
to report, 80, 82.

Public works, a bill to prevent certain persons from being contractors for,

163

Pulaski county, an act to add a part of to Russell, 243, 258, 340, 342, 386,
392.—See Election precincts and Sheriff’s.

Pulliam, Margaret M., an act for the divorce of, 24S, 259 , 341

Railroads—communication from E. P. Gaines in relation to, 143

a bill to encourage manufacture of iron for, 255

Lexington and Ohio, memorial of, 69—A ppendix, 237. A bill for
the benefit of, 148, 215, 221, 237—365, 371, 3S9, 391.
Louisville, Cincinnati and Charleston, a bill to obtain the right of
way for, S9. Petition of, 117.

from Lexington to the mouth of Big Sandy, a resolution to sur¬
vey the route for, 244, 358, 3S7, 389, 394.

Louisville and Mississippi, a bill to incorporate, 163,164,228,

276, 294, 3S8, 391

Southwestern Railroad Bank, message of Governor communica¬
ting proceedings of Legislature of S. Carolina, and a letter of C.
G. Meminger, 115. Meminger invited to a seat in the Senate
chamber, &c., 117, A resolution of PI. R. to hear him, &c.,
117. Resolution that Senate would attend, 119. Attended,
124.—See Banks.

Rankin, Robert C., petition of, 136, 142

Rankins, Harrison, and wife and children, a bill for the benefit of, 211, 226,

273, 279, 375

RatclifFe, William, an act for the benefit of, 296, 376

Republican school in Bracken, an act to incorporate the Trustees of, 200,

210, 323

Religion, committee of appointed, 20. Added to, 117. Leave to sit during
sessions of the Senate, 316. Discharged from the business before
it, 373.

INDEX. **

Revenue, a resolution to enquire as to extending the time ot taking judg¬
ments against the collectors of, 21.—See General Court.

a resolution to enquire as to enforcing the laws concerning, 42, 50
a bill prescribing further duties to the Commissioners ol, 49, b3
a bill further regulating the duties of the c °nimi^ionser^ol, 357,

a resolution to enquire if uniformly assessed,
a bill to enforce a uniform valuation of taxable property, 256, o3l
a bill to repeal the law to equalize taxation, >

Reversionary legatees.—See Legatees.

Reid, M., petition of, 22. A bill for the benefit of, &c., -9, -A^ U2,

Reid, Walker, petitions to increase his salary as Circuit

Rice, Mr., leave of absence to, f ™ 005 300 3S2

Rilev Daniel, an act concerning the estate of, 2/4, oUU, O zo, 30U,
Rivers—Cumberland, a resolution to enquire into the expediency of expen¬
ding the money appropriated to the improvement of, 62 A bill
to improve the downward navigation of the Great South Foiled,

Gasper, a bill to declare navigable, 19214,

Green and Barren, report of Commissioners of, w

Kentucky, petition to improve the navigation of the Middle Folk oh

and ,hdr trib “ 1 ™' “ 357 , set 3S5, 390
LiXing'and Kentucky, a resolution to enquire as to putting under

contract three locks and dams on, _ . ,. ,

Little, an act to repeal all laws declaring it navigable aKne^ex^am

Muddy, a resolution to enquire as to putting under contract a lock

Noliir, an acTto declare navigable to Comb’s mill, 243, 25S

Pond, a resolution to enquire as to improving, 0*,

Big Sandy, a bill to improve the downward navigation ot, 144, ZZS.
—See Internal Improvements.

Roads—acts, &c., concerning jgg jgg 175

Arnold’s mill road, iqj. 990 944 265

Bank Lick Turnpike, ^184, 229, -44, 26b

Bardstown and Green river, 24, 147, 3/3, 388, 391

from bridge mCRoliing Fork to New Market, 140, 157, 366, 3S9,390
Whitley, Harlan and ^

„ , , T , , 248,259,358,393

to Coal and Iron banks, „„„ ogo

from Colemansville to Covington, , „ ’ ,■ ,

Crab Orchard, between Anderson line and ^4 258
and Hanging Fork, toll gates, &c. f 157, 180,187 199, 254 ~>b
266. Franklin portion of, 355, 366,373, 391

from Cumberland river to Tennessee line,

INDEX.

Roads

—acts, &.C., concerning — Continued.

from Plinn’s old ferry to Princeton, 92, 105, 188, 232, 244, 265
Glasgow and'Scottsville, 37, 40, 52, 58, 76. From Glasgow to Ten¬
nessee line, via Tompkinsville, I43

from Greensburg, via Columbia &c., to Tennessee line in a direction
to Knoxville, 157, 184, 229, 244, 265—268

from Greenupsburg, via Oldtown &c., to Paintsville, 122,228
from Harrodsburg to Delaney’s old road, 243, 258, 385, 393

from Hartford to Russellville, 97, 108, 230, 237, 328

Henderson, Madisonville find Hopkinsville Turnpike, 233, 242, 258,

266

from Hickman to Feliciana, 239, 3S5, 393

Hickman Turnpike Co., 218, 259, 307, 335, 381

Hopkinsville and Clarksville Turnpik ■, 163, 169, 202, 226, 329, 335,

377

Hopkinsville and Morgantown, 234, 242, 258, 266

from Irvine to the mouth of Troublesome, 197

Jefferson Turnpike Company, 164, 246, 294, 3SS, 391

from the. mouth of Laurel to Bates’ furnace, 44, 64, 242

Lebanon, Greensburg and Glasgow, &c., 343, 357

Lebanon and Marion Turnpike, 140, 217, 232, 329, 335, 37fi

Lexington and Covington, 354, 373, 393

Lexington and Georgetown, 38, 43, 49, 63, 110, 139, 164, 181, 190,

204

Laxington, Nicholasville and Danville, 157, 1S4, 229, 236, 265
from Litchfield to Munfordsville, 69, 84, 95, 123,209

Logan, Todd and Christian, 24, 89, 102, 147, 217, 232—329, 337,

343, 377

Louisville and Elizabethtown, 337, 374, 393

from Louisville to the mouth of Harrod’s Creek, 245—268, 306

in Mason county, 264, 300

Maysville and Lexington, 36, 228

over Mount Scratchum and Old Landing Hills in Estill county, 157,

1S4, 229, 244, 265

from Mountsterling to the Virginia line, 44, 63, 70, 75, 95, 142—

256 299

over Muldrows’ Hill, 191, 198, 329, 335,’ 376

from Muldrows’ Hill to Glasgow, 110

Newport and Winchester, 179, 230,237,388,391

from Owingsviile to mouth of Big Sandy, 109

from Paduca to the State line, in a direction to Paris, 255, 375, 394
from Parker’s mill, in Lewis, via Flemingsburg, &c., to the Maysville

road,

from Perryville to Greensburg,
from Poplar Plains to Louisa,
Princeton and Ohio Turnpike,
Richmond and Lexington,
Russellville and Clarksville,

140, 228
305, 355
109
144, 387

77, 84, 228—S9 153, 156, 308, 373

305

from mouth of Salt River, through Grayson, to Bowlinggreen, 157,

184, 229, 238, 289, 323
from mouth of Salt Riyer to the Ohio, opposite Shawneetown, 263,

300

INDEX. 23

Roads—acts, &c., concerning— Continued.

from mouth of Salt River to Smithland, 316, 334, 375, 3S0, 393
Shepherdsville and Louisville Turnpike, 114, 125, 138, 157, 189,204
Skilesville to Greenville, §9, 114

Springfield, Perryville and Danville, ^ 391

from Taylorsville to JeHersontown, 243, 25S, 3/5, 393

from Washington to mouth of Big Sandy, 50, 243, 245.—See Toll
Houses.

Roberts, George, took his seat in the Senate, 19. Petitions to remove him
from the office of Senator, 43, 81. Reports of the Commit¬
tee thereon, 72, 121.

Roberts, Mary, a bill to change her name, 215, 230, 237, 254, 257, 262
Robertson, G. A., ejected Librarian, 299

Rochester—see Towns.

Rockcastle Countv—see Election Precincts.

Rock Spring Church, an act to incorporate the Trustees of, 111, 114, 124,

1 & 192, 225,265

Rook, Eloisa, an act to change her name, 274, 300, 320, 342, 381

Rook, George, an act to change his name, 92, 105, 107, 122, 209

Ruby, Green, an act to change his name, 77, 85, 105, 192, 225, 265

Rules of Senate, order to print,

joint rules adopted, “*>, loU

a resolution to add to, 387, 389

Rumsey—see Towns. . „ ,

Russel county, an act to add a part of Pulaski to 243,25S, 340,342,386,392

Salaries of certain officers, an act to reduce, 305

Salute, on the 8th of January, resolution to fire, 101

on Washington’s birth day, 334

Samuel, John, &c. an act for the benefit of, 200, 24S, 25S, 266

Samuel, Robert S., an act for the benefit of his widow and heirs, 244, 259,

275, 324, 379

Sanders, Nancy T., an act for the divorce of, 24S, 259, 341, o61, 386, 392
Sayers, Hannah, petition of ^9

Schools, common, a bill to amend the law regulatmg, 30

a bill to amend an act to establish a system of, 127, 1 /5,
211, 230, 236, 366, 372, 384, 391
an act to amend on act establishing a system of,&c. 367,

3S6, 389, 393

report of the committee of Education on, 128, 269

a resolution to inquire into the expediency of amend¬
ing the law, so as to author ze poor young men to
be educated at public expense for teachers, 109 ;
report thereon, 269, 306

Superintendent, report of, 87, Appendix, 225 ; a bill
to repeal the law creating the office of, 340; nom¬
ination of, 390

School, Republican, in Bracken, an act to incorporate, 200, 232, 2S9, 380
Scott county, petitions of the County Court of, . 1S1, 201, 208

a bill to authorize laying an additional levy, 210, 226, 3-9,

337, 343, 377

INDEX.

Scott county, an act for the benefit of the Clerk of the Circuit Court of, 181

189, 224, 264

see Election Precincts.

Scottsville—see Towns.

Sorogirin, John G., Surveyor of Bourbon, an act for the benefit of, 254,259,

291,323,380

Self, John C., petition of the guardian of his heirs, 86

a bill for their benefit, 95, 104, 157, 168, 1S9,205

Sellers, Mary Ann and Sarah, an act for the benefit of, 23, 36, 57, S2

Seminaries, in Spencer county,
in Anderson,

Seminary lands—see Wayne.

Senate, organized,

rules ordered to be printed,
additional rules, resolutions for,
hour of meeting,

Sbacklett, Daniel S., an act for the divorce of,

Shanks, Mentor A., &c. an act for the benefit of,

144, 169, 200, 261
274, 300, 322, 35S, 393

3-4
5

SO, S3, ISO, 387, 3S9

268

200,217
216,233,247,258,266

Shelby’ - county, a bill to provide for re-binding certain books in the

County Court of, 109, 120, 215, 249, 261

an act requiring a special term of County Court, 260, 299,

335, 380

see Election Precincts and Sheriffs.

Shelbyville Insurance Co.—see Insurance.

Sherer, Washington, an act for his divorce, 24S, 259,341

Sheriffs—nominated, 35, 146,179, 203, 344,349

a resolution in relation to giving them further time to pay
revenue, 21

a resolution to inquire into the propriety of requiring them
to settle at an earlier day, ' 42,50

a resolution to inquire why so many of them apply for re¬
lief, . 51,60

a bill giving them further time to return delinquent lists, 102,200,

224, 261

a bill about their delinquent lists, 293, 359, 371, 3S8

an act for their benefit, and Clerks, in this Commonwealth, 55,

64, 119, 254, 301, 336, 381
acts, &c. concerning, of Adair county, 89, 102, 181, 191, 205
Barren, ^8

Ereckinridge, . 176,254,257,262

Butler, 24,49,63,106,123,204

Caldwell, 47, 50, 149, 242, 321, 325, 328, 335, 376

77, 84, 99, 123, 209

Calloway,

Campbell,

Casey,

Christian,

Clarke,

Clay,

Cumberland,

Daviess,

Estill,

343, 389, 391
54, 60, 69, 79, 200, 224, 261
106, 107, 122,208
88, 92, 94, 141, 359, 3S6, 392
69, 84, 99, 123, 209
201, 257

37, 46, 52, 55, 58, 68, 82
155, 184, 188, 224, 265

INDEX.

Sheriffs—acts, die. concerning— Continued.
Floyd,

Franklin,

Gallatin,

Garrard,

Green,

Greenup,

Henderson,

Hickman,

Hopkins,

Jefferson,

Lawrence,

Lewis,

Lincoln,

305,320, 343, 381
111, 119, 13S, 155, 210
329, 358,366, 386, 392
37, 46, 58, 82
100, 103, 110, 200,224, 261
42, 46, 53, 58,76, 82, 103, 110, 200,224, 261
77, 84, 99, 123, 209
257,311,328, 335, 376
37, 46, 55, 58, 68, 82
88, 92, 94, 141, 225, 259, 291, 323,3S0
82, 87, 92,123, 204
227, 247, 290, 324, 379
43, 46, 5S, 82

Livingston. 201, 213,254, 259, 277. 324, 320, 360, 379, 3S2
Logan, 42, 46, 58, 62, 16S, 176, 1S3, 254, 257, 262

Madison, 165,184,189,224,265

Marion, 89, 102, 153, 155, 203, 204, 226, 230, 32S, 335, 376

Monroe,
Montgomery,
Muhlenburg,
Nicholas,

Owen,

Pendleton,
Pulaski,

Shelby,

Simpson,

Spencer,
Washington,
Wayne,
Woodford,
Sherrell, Mason W., petition of,

8S, 92, 94, 141
255, 259, 291, 323, 380
77, 85, 99, 123, 209
88, 94, 141, 163, 176, 192, 214, 261
24, 49, 63, 106, 123, 204
155, 179, 184, 188, 224, 265
60, 79, 106, 107, 122, 200, 20S, 224, 261
77, 78, 87, 92, 94, 141
42, 46, 58, 76, 82
174, 176, 254, 257, 262
145, 255, 329, 337, 343, 377
89, 96, 104, 106, 107, 122, 208
111, 119, 13S, 155,210
107

a bill for his benefit, 148, 169, 200, 224, 261

Shipp, Richard Y. and wife, an act to authorize them to convey land, 274,
J f 300, 308

Shropshire, Joseph, petition of, 43, 49, 213. An act for the divorce ot,24S,

259, 341

Silk, resolutions upon the subject of the culture of, 355, 373, 394. A bill to
encourage the growth and manufacture ol, 182.

Silk Manufacturing Company, petition of,

59, 114, 127

Simmons, William M., an act to repeal an act for the benefit of, 227, 234,

245, 266

Simpson county, Sheriff of, nominated, 76. A bill for the benefit of the
Clerks of the Circuit and County Courts of, 243, 250,256,
275, 379.—See Sheriffs.

Simpson, John W., petition ol, 20. A bill for his benefit, 25, oo, 59, 68, 16
Simpsonsville—see Towns.

Sinking Fund, report of the Commissioners of, ISO. An act to amend an

act to increase the resources of, 337, 35S, 386, 392

% .......

4— s.

Sl|

I i 11

!Hni

INDEX.

Skiles, James R., a resolution to enquire into his conduct as member of the
Board of Internal Improvement, 122, 125. Report of
Committee, 341, 367, 3S3.

Slaves, a bill to repeal the law prohibiting the importation of, 21,25, 44,51.
A bill to make it the duty of persons emancipating them to provide
the means for their transportation to Africa, 104. Report thereon,
135, 137. Resolutions respecting enticing them away from their
owners by citizens of other States, 41,52, 53, 55, 92, 95. A resolu-
tion fixing a day to elect Commissioners on those resolutions, 96. E-
lection of Commissioners, 97.

Breaking a dwelling house by, whether burglary, 302. A bill further
defining the offence of burglary by, 327,336, 366.

Slavery, resolutions in relation to the communication from the State of In¬
diana on the subject of, 3S9, 394

Smedley, Samuel, petition of, 43, 49. An act for the divorce of, 305, 341
Smith, Jeremiah, an act for his benefit. 69, 84, 99, 139

Smith, Samuel, a. bill for the benefit of his children, &c., 29, 50, 63, 112,

123, 204

Smith, Thomas, petition of, 67. A bill for the benefit of, 169, 1S3, 3S9
Smith, William, an act for the benefit of, 367, 3S5, 393

Southland, petitions of citizens of, 107, 157, 181, 325. See Cumberland
Hospital and Towns.

Southard, James—see Groper, Thomas, &c.

Speaker of the Senate, vote of thanks to, 394

Spencer county, a bill for the benefit of the Seminary of, 140, 144, 169,
200, 224. See Constables and Sheriffs.

Spencer, Joseph, a bill to amend an act for the benefit of his estate, 148,

153, 170, 216, 219, 261

Spirituous liquors, petitions to restrain the retailing of, for the repeal of

laws licensing, and for restraining the trafic in, 73,114,

118,134,141,166

report of the committee thereon, 159

Spratt, William, &c. a bill for the relief of, 140,164,183, 263, 296,376
Springfield—see Towns.

Springyille—see Towns.

Spurlocks, Hiram, an act for the benefit of the estate of, 233, 275,336, 381
Squires, James, petition of, 85

a bill releasing him from his bond for public arms, 233,275,

336,381

State dividends in incorporated companies, an act further to enforce

the payment of, 77, 84,94, 158, 183, 192, 225, 264

Steamboats, a bill giving officers, boatsmen, &c. liens on, 24, 29, 107,157,

189,205

Steampor t— : see Towns.

Steele, John, an act for the benefit of, 290, 301, 307,335, 380

Stemmons, M. A. petition of, 39, 388

Stephens, Elisha, petition of, 250

Stephens, Enoch and Martha, petition of, 25

a bill for the benefit of, 40, 48

Stevenson, Thomas B. nominated clerk of the Penitentiary, 390

INDEX.

St. Joseph’s College, an act to amend the charter of, 77, 85, 100, 105, 192,

225,264

Stiger, Harman A. an act for the benefit of the heirs of, 23S, 275, 323,3S0
Stone, James E. an act for the benefit of, 255, 259, 292

Stovall, George 0. an act for his benefit, S8, 113, 155, 209

Stratton, Thomas, Sheriff of Lewis county—see Sheriffs.

Suffrage, a bill to repeal the 22d section of an act to guard the right

of, 191, 198

Sugg, William—see Croper, Thomas.

Sugg, Willie, an act for his benefit, 69, 84, 92,123, 209

Suliinger, Reuben, an act lor the benefit of the heirs of, 305, 339, 386, 392
Sullivan, Jeremiah, petition of, 1S6, 217

Sullivan, Jeremiah K. an act for his benefit, 44, 64, 113

Summers, Mary Ann, an act for the divorce of, 254, 259, 341

Summers, Noah C. &c. a bill for the benefit of, 285, 329, 338, 343, 377
Summersville—see Towns.

Surgeons, Dental, a bill to establish College of, 149, 191, 217, 232

Surveys, an act allowing further time to make and return, 77, 84,92,105,
123, 209. A petition against said act, 149.
made in 183S, an act to receive and register, 77, 84,113

in Clinton county, 92, 105, 107, 122, 208

made in Wrrren in 1S3S, a bill to authorize to receive and

Sweeny, Thomas, an act for the benefit of, 255, 259, 291, 323, 3S0

Talbott, Frances M. petition of, ^ 67, 99

Taule, William M. an act for the benefit of the representatives of 340, 366,

385, 390

Taxable property, a bill to enforce a uniform valuation of, 256, 321

Taxation, a bill to repeal the law to equalize, 24, 47. See revenue.

Taylor, Charity, an act for the benfit of, 1S1,190, 225, 264

Terrell, John W. &e. petition of, 268

Theobald, Thos. S. elected Keeper of the Penitentiary, _ 299

Thomas, David, petition of, 216, 357, 3S5

Thompson, Harrison, Sheriff, &c. a bill giving further time to return

his delinquent list, 82,103, 110, 200, 224, 261

Titles of acts &c. a resolution to print, 390

Tobacco, an act to amend an act to reduce into one the several acts for

the inspection of, 329, 358, 3S6,392

Todd, James L. an act for the benefit of, 42, 46, 52,59, 141

Todd, Wm. M. nominated Police Judge, ^34, 45

Toll houses, a bill authorizing the condemnation of land for, 142,274, 300,

362, 372, 3SS, 393

Tolls at locks on Green river, a resolution to report the rates of, 211

the report, 212

Tomlinson, A. B. petition of, 256 > 357

Towns and Cities, acts&c. concerning, Albany and BallaMsviffe^ 109, H4,

Barboursville, 250, 293, 302,325, 335, 377
Bardstown, 35,21,23,29,36,59,367,391

Bedford, ’ 111,113,155,210

INDEX.

Towns and cities—acts, &c. concerning, Big Spring,

227, 234

Bowlinggreen, 1G3,169, 247,232,275, 234,379

227, 235, 2S9,323, 380
244, 259, 275, 323, 379
111, 113,155,209
88, 99,105, 192,264
201, 230, 237, 254, 257, 262
111, 125,13S, 192, 386, 392
322, 376
255,277, 316,323,376
23S, 275, 323, 379
154, 230, 237,273, 297, 375
Covington, 23, 29, 36, 45, 52, 58, 82, 290, 301,

320

Elizabethtown, &c. 110,166, 1S3,254,301,336,

3S0

Francisburg, 77.84, 92, 105, 123, 209

Frankfort, 35,104, 120,138, 256, 301,306, 376
Frankfort, South, 34,45, 79

Brandenburg,
Brooksville,
Brownsborough,
Burksville,
Cadiz,

Canton,
Caseyville,
Clayvillage,
Columbia,
Columbus

Frederick,
Ghent,
Hardinsburg,
Harrodsburg,
Hillsborough,
Hodgenville,

147, 184, 210, 244, 265
88, 98, 123, 208
179,191, 198, 254, 257, 262

234, 275, 323, 379

_, 227, 234, 390, 323, 3S0

Lebanon, 51, 64, 68,86,230,23S, 2S9, 323, 3S0,
306, 326, 330, 337, 385, 391
Lexington, 73, 74,136, 155,204,148, 164, 254,
257, 262, 257, 340, 366,385, 390, 329
Locust Port, 226, 340, 366, 385, 391

Louisa, 21, 145, 156, 166,183, 274,301,322,

376

Louisville—see Louisville.

Lovelaceville, 30, 74,83,226, 249,262

Maysville, 77, 78, 92, 94, 114, 123, 141, 249,

262, 146

mechanics in, 157, 1S4, 1S9,225,265
Monticello, 216, 232, 307, 335, 3S1

New Haven, 227, 234, 290, 323, 380

Nicholasville, 30

Paduca, 136, 169, 183,274, 302,323, 376, 378
Paris, 110, 166, 1 S3, 254, 301, 336 3S0, 112,

147, 155, 209

Petersburg, 44, 64, 74, 95, 142

Pleasant Hill, 92, 105, 107, 122, 208

Port Oliver, 290, 301,320,343, 3S2

Port Royal, 213, 232, 275, 323, 379

Rochester, 77, 84, 93, 191,197, 225,264, 103,
121, 137, 181, 190,204
Rumsey, 77,164, 166, 183,274, 302, 322, 376
Scottsville, 290, 301, 320, 343,-382

INDEX.

186,211
77, 85, 93, 192, 225, 264
78, 144, 169, 263, 296, 376
216, 232, 307, 335, 381
181, 189,225.264
23S, 276 316, 336, 3S1

Towns and cities—acts, &c. concerning, Simpsonsville, 24,40^51,55,76

Southland, 107,157,181,210

Springfield, 51, 64, 68,230, 238, 2S9, 323, 380,

1 ° 125, 13S, 142,155, 209

Springville,

Steam port,

Summersville,

Warsaw,

West Point,

Wyoming,

Transporting Company, Adairsville, &c. an act to amend an act to in-

corporate, o6/ ? «5J4

Transylvania Institute, a bill to incorporate, 202, 233, 316, 337, 343,3/7
Transylvania University, communications from the Irustees ol 4.j. A
resolution to appoint a committee to examine,

68, SO, S3, ISO. Trustees of, nominated, 37S.

A bill to amend the charter ot, 269. And
Morrison College, a bill to amend the charter
of, 231.

Treasurer, annual report ot, 29. Appendix, 29. Monthly statements

of, 54. Election of, 299. His securities approved, 3/8

Treasury a bill to establish the office ot Comptroller of, 60, /5, 146, 149,

1 reasury, ^ ^ ^ ^ ^ 33g) ^ 3S2; 3S6j 391

see Second Auditor. . „„ K1)

Trespass, a bill to amend the law concerning the action ot, 24,96, 182,

Trigg county, a bill to authorize the Clerk of to record certam deeds,^S2,^S7,

Turnham, Joel, Jr. an act to change the venue in bis case, 44, 49, 5S, 6S, S2
Tyler, Austin T. Sheriff of Hickman—see Sheriffs.

Union Circuit and County Courts, an act for the benefit °f the ®erk of, 243^

Vagrants, &c. a «« .he seven.,. sec.io^an

Vance, Maria Iv. an act for the divorce of, 2o4, 2t»9, A 3-4, 380

Vansant, Lavina, petition of, TT . . „ oir

Vest, John J. elected Door Keeper of the Senate, resignation, 316

Vice, William, an act for the benefit of, 2o4, _o9, 291, 3~3, 3 0

Waller, Maria, an act for the benefit of, 44, 64, 71,,86, J91, 225, 264

Walker, Adam R. an act for the divorce of,

Walker, Joseph, an act for the benefit oi Ins heirs, &c. 234, 3/0, 3U^,

Walker, Martha A. petition of, „ , . , . . „ nn ’oilf

Warfield, William C. an act for the benefit of his heirs, 2/4, 300, 3 25,

Warren county—see Justices,

Warsaw—see Towns.

INDEX.

Washington county, an act for the benefit of the Clerks of the courts
of, G9, 73, 94, 142. See Constables, Election Pre¬
cincts, Justices and Sheriffs.

and Marion, an act to run the line between, 142, 1S4,210,23^

289, 324, 380

Washington’s birth day, a resolution to fire a salute on, 324

Wayne county, petition of the School Commissioners of, 73. An act
to register surveys in, and to appoint a treasurer of the
school fund in, 242, 361, 373, 393. A bill to authorize
a sale of the seminary lands in, 169, 175, 1 S3, 200,244,
261. Petition to extend the terms of the Circuit Court
of, 73, Proceedings of a meeting of the citizens, 1-24.

See Constables and Sheriffs.

Weapons, deadly, a bill to protect citizens from being killed by persons

carrying, 62, 176, 178, 340, 368

Weights and Measures, an act to provide a standard of, for the several

counties, 110, 112, 124, 192, 225, 264

West Point—see Towns.

White, Henry, a bill for the benefit of the heirs of, 44

White, Margaret B. petition of, 226. A bill for the benefit of, 60, 79, 215,

249, 261

Whitford, John B. petition of, &c, 192, 293, 3S9, 391

Whitlev county, an act to run sfnd mark the line between and Knox, 55,

64, 78, 88, 94, 142

Wickersham, Ambrose, an act for the benefit of, 24S, 259, 356, 393

Wickliffe, C. A., Speaker, vote of thanks to, 394

Wickliffe, Robert, took his seat in the Senate, 36

Wilkinson, Edmund C. &c. an act authorizing a change of venue in the

case of, 1S1, 189, 225, 264

Williams, George W. an act for the benefit of, 263, 300, 307, 335, 381
Wilson, James, a bill for the benefit of the heirs of, 103, 110, 227, 249, 262
Wilson, Otho, petition of, 29S. A bill for his benefit, 311, 3S9, 391

Wilson, Rebecca, petition of, 22, 60

Wilson, William, petition of, 22, 60

Wing, Barnabas, a bill authorizing a patent to issue in his name, 44, 63, 74,

95, 141

Wingate Henry, elected President of the Bank of the Commonwealth, 299
Witnesses summoned before the Legislature, a bill to allow pav to, 257,

355, 387", 3S9, 391

Woodford, an act to authorize the County Court of, to convey a part of the
public square to Trustees, 305, 320, 342, 3S1. See Sheriffs.
Woolley, Aaron Iv. nominated Circuit Judge, 179

Wright, James, guardian, &c. an act for the benefit of, 216, 232, 291, 302,

324, 342, 382

Wright, Jane, an act to change her name, 142,1S4, 210, 224, 265

Wyoming—see Towns,

Yantis, Enoch and others, an act for the benefit of, 142, 184,276, 316,3S1
Young, Aquilla, took his seat in the Senate, 154. Leave of absence to, 360
Young, Isaac, an act supplementary to an act for the benefit of, 111, 113,

155, 209

Young, Milton and wife, petition of, 201, 308

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Full text of "Journal of the Senate of the Commonwealth of Kentucky, December 3, 1838 - February 23, 1839"

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